COUNCIL  DECISION
of 28 February 1984
concerning a European programme for research and development in information technologies (ESPRIT)
(84/130/EEC)
THE COUNCIL OF THE EUROPEAN
COMMUNITIES
,
Having regard to the Treaty establishing the European Economic Community, and in particular Article 235 thereof,
Having regard to the proposal from the Commission (1),
Having regard to the opinion of the European Parliament (2),
Having regard to the opinion of the Economic and Social Committee (3),
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;
Whereas the Council adopted a resolution on data processing on 15 July 1974 (4);
Whereas the Heads of State or of Government, meeting in Strasbourg on 21 and 22 June 1979, declared that the dynamic complex of information industries, based on the new electronic technologies, offered a major source of economic growth and social development;
Whereas the Commission has proposed to the Council a scientific and technical strategy and a framework programme for the period 1984 to 1987;
Whereas the proposed framework programme calls for an action programme of research and development in information technology;
Whereas the Council has adopted, by Decision 82/878/EEC (5), a series of pilot projects in the field of information technology;
Whereas the response of industry, universities and research institutions to the pilot projects phase has been of very high quality and shows a high degree of interest; whereas it would be necessary to provide adequate resources to assure continuity in the actions about to be launched, and to proceed to the implementation of a full-scale action programme;
Whereas a full-scale programme of research and development in information technology should have the broad goals indicated in the Annex hereto, but be capable of revision at various levels of detail to reflect changing industrial priorities;
Whereas this programme meets the absolute need for the constitution or consolidation of a specifically European industrial potential in the technologies concerned; whereas its beneficiaries must therefore be the undertakings, universities and research centres in the Community which are best suited to attain these objectives;
Whereas adequate dissemination of, and access to, results of projects of Community interest is essential to the pursuit of the aims of the Community;
Whereas it is necessary for the execution of the programme that the Commission be assisted by a consultative committee;
Whereas prospective continuity of actions is essential to the optimum planning and execution of cooperative research and development activities to preserve the strategic objectives of ESPRIT;
Whereas, since the Treaty has not made provision for specific powers for the adoption of this Decision, it is necessary to invoke Article 235 thereof,
1. The ESPRIT programme of research and development for the European Economic Community in the field of information technologies, as described in the Annex, hereinafter referred to as 'the programme', is hereby adopted for a period of five years, as from 1 January 1984.
2. The programme shall comprise pre-competitive research and development projects (hereinafter referred to as 'the projects'), carried out by means of contracts, to be concluded with companies, including small and medium-sized undertakings, universities and other bodies established in the Community, and the coordination of research and development activities carried out under the programmes of the Member States and of the Community.
3. The projects shall as a rule be submitted in reply to an open invitation published in the Official Journal of the European Communities and involve the participation of at least two independent industrial partners not all established in the same Member State. Each contractor will be expected to bring a significant contribution to the project.
The contractors will be expected to bear a substantial proportion of the costs, 50 % of which may normally be borne by the Community.
In exceptional cases as specified in Article 6 (2), different conditions from those laid down in this paragraph may be adopted in accordance with the procedure in Article 7.
The Community shall contribute to the performance of the programme within the limits of the appropriations entered to this end in the budget of the European Communities.
The overall amount of the appropriations estimated to be necessary for the Community's contribution to the performance of the programme shall be 750 000 000 ECU over five years, including expenditure on staff whose cost shall not exceed 4,5 % of the Community contribution.
Up to a maximum of 25 % of the Community's total contribution to new projects launched under this programme may for the first year be allocated to new projects which fall below the threshold referred to in the third indent of Article 6 (2). This percentage figure will be annually revised in the framework of the preparation of the annual work programme referred to in Article 3.
1. The Commission shall see that the programme is properly performed and establish the appropriate implementation measures and infrastructures. In particular, it shall establish each year and update as required, in accordance with the procedures laid down in Article 7, a draft work programme defining the detailed objectives, the type of projects to be undertaken and the corresponding financial plans.
2. The work programme shall be adopted by decision of the Council acting by a qualified majority. To this end, the Commission shall submit the draft annual work programme to the Council in good time and not later than 31 October of each year.
3. By way of derogation from paragraphs 1 and 2 of this Article and from Article 6 (2), the first work programme shall be adopted by the Council acting by a qualified majority on the basis of a draft submitted by the Commission.
1. The Commission shall be assisted in the performance of the tasks referred to in Article 3 by a 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 advisers depending on the nature of the issue under consideration.
The Committee shall be chaired by a Commission representative.
2. The proceedings of the Committee shall be confidential.
3. The Committee shall adopt its own rules of procedure.
4. Secretarial services for the Committee shall be provided by the Commission. Article 5
With regard to coordination activities, the Member States and the Community shall exchange all appropriate information to which they have access and which they are free to disclose concerning research and development activities in the areas covered by this Decision, whether or not planned or carried out under their authority.
Information shall be exchanged in accordance with a procedure to be defined by the Commission after consulting the Committee, and will be treated as confidential at the supplier's request.
1. The Commission may consult the Committee on any matter falling within the scope of this decision.
The Commission shall inform the Committee regularly in advance of projects falling below the threshold referred to in paragraph 2.
2. The Commission shall consult the Committee, in accordance with the procedure laid down in Article 7, on:
- the definition and updating of the draft work programme,
- any departure from the general rules laid down in Article 1 (3),
- the assessment of proposed projects as well as the Community's financial contribution to their execution when this contribution requires more than 5 000 000 ECU (in 1 January 1984 value).
1. 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.
2. The Commission representative shall submit to the Committee a proposal for the measures to be taken. The Committee shall deliver its opinion on the proposal within a period that may be decided by the chairman in the light of the urgency of the matter and which shall normally be one month and shall in no case exceed two months. The opinion shall be adopted by a qualified majority. Within the Committee, the votes of the Member States shall be weighted in accordance with Article 148 (2) of the Treaty. The chairman shall not vote.
3. Except for the annual work programme, which shall be adopted by the Council according to the procedures laid down in Article 3 (2), the Commission shall implement the measures where its proposal is in accordance with the opinion of the Committee. Where the proposal is not in accordance with the opinion, or where no such opinion is issued, the Commission shall forthwith submit to the Council a proposal in the form of a draft Decision. The Council shall act by a qualified majority.
If the Council has not acted within a period which shall normally be one month and shall in no case exceed two months from the date on which the matter was referred to it:
- the Commission proposal shall be deemed to be rejected if it concerns matters falling under the second indent of Article 6 (2),
- the Commission may take a decision corresponding to its proposal if it concerns matters falling under the third indent of Article 6 (2).
1. The programme shall be reviewed in consultation with the Committee either after 30 months or as soon as 60 % of the amount has been committed, on the basis of a report drawn up by the Commission, which shall be forwarded to the Council and the European Parliament. This review will assess the initial results of the programme as compared with the stated objectives. On this basis the Commission will, where appropriate, make suggestions. These suggestions will be examined in conjunction with the 1987 work programme and the Council will take decisions thereon in accordance with the same procedure.
2. At the end of the five-year period of the programme, the Commission, after consulting the Committee, shall send the Member States and the European Parliament a report on the performance and results of the programme.