Legal provisions of COM(2005)119-2 - Seventh framework programme of Euratom (Euratom) for nuclear research and training activities (2007 to 2011) : building the Europe of knowledge

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dossier COM(2005)119-2 - Seventh framework programme of Euratom (Euratom) for nuclear research and training activities (2007 to 2011) : building ...
document COM(2005)119 EN
date December 19, 2006
L 400/60 EN Official Journal of the European Union 30.12.2006
II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 18 December 2006

Concerning the Seventh Framework Programme of the European Atomic Energy Community (Euratom) for nuclear research and training activities (2007 to 2011)

(2006/970/Euratom)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Parliament 1,

Having regard to the Opinion of the European Economic and Social Committee 2,

Opinion of 15 June 2006 (not yet published in the Official Journal). OJ C 65, 17.3.2006, p. 9.

Whereas:

(1) Joint national and European efforts in the area of research and training are essential to promote and ensure economic growth and citizen's wellbeing in Europe.

(2) The Seventh Framework Programme should complement other EU actions in the area of the research policy that are necessary for the implementation of the Lisbon strategy, in particular those on education, training, competitiveness and innovation, industry, employment, and environment.

(3) The Seventh Framework Programme builds on the achievements of its predecessor towards the creation of the European Research Area and carries them further towards the development of the knowledge economy and society in Europe.

(4) The Commission Green Paper ‘Towards a European strategy for energy supply‘ highlights the contribution of nuclear power to reducing emissions of greenhouse gases and to reducing Europe's dependence on imported energy.

(5) On 24 August 2005, the Commission submitted the conclusions of an external assessment of the implementation and results of the Community activities in this field carried out in the five years preceding that assessment, accompanied by its observations.

(6) With reference to the Council Decision of 26 November 2004 amending the directives of negotiations on International Thermonuclear Experimental Reactor (ITER), the realisation of ITER in Europe, within a broader approach to fusion energy, should be the central feature of the activities on fusion research carried out under the Seventh Framework Programme.

(7) Implementation of the Seventh Framework Programme may give rise to the setting up of joint undertakings within the meaning of Articles 45 to 51 of the Treaty.

(8) Research activities supported by the Seventh Framework Programme should comply with fundamental ethical principles, including those reflected in the Charter of Fundamental Rights of the European Union. The opinions of the European Group on Ethics in Science and New Technologies are and will be taken into account.

(9) This Decision establishes, for the entire duration of the programme, a financial envelope which constitutes the prime reference within the meaning of point 37 of the Interinstitutional Agreement of 17 May 2006 between the European Parliament,

the Council and the Commission on budgetary discipline and sound financial management1, for the budgetary authority during the annual budgetary procedure.

OJ C 139, 14.6.2006, p. 1.

(10) It is important to ensure sound financial management of the Seventh Framework Programme and its implementation in the most effective and user-friendly manner possible, as well as ease of access for all participants.

(11) Under the Seventh Framework Programme, due regard should be paid to the role of women in science and research with a view to further enhancing their active role in research.

(12) The Joint Research Centre (JRC) should contribute to providing customer-driven scientific and technological support for the formulation, development, implementation and monitoring of Community policies. In this regard, it is useful that the JRC continues to function as an independent reference centre of science and technology in the EU in the areas of its specific competence.

(13) The international and global dimension in European research activities is important in the interest of obtaining mutual benefits. The Seventh Framework Programme should be open to the participation of countries having concluded the necessary agreements to this effect, and should also be open, on the project level and on the basis of mutual benefit, to the participation of entities from third countries and that of international organisations for scientific cooperation.

(14) The Seventh Framework Programme should contribute to the enlargement of the European Union by bringing scientific and technological support to the candidate countries for the implementation of Community acquis and for their integration into the European Research Area.

(15) Appropriate measures should also be taken to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests 1, Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities2 and Council Regulation (Euratom) No 1074/1999 of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)3.

(16) The Scientific and Technical Committee has been consulted by the Commission and has delivered its opinion,

HAS DECIDED AS FOLLOWS:

OJ L 312, 23.12.1995, p. 1. OJ L 292, 15.11.1996, p. 2. OJ L 136, 31.5.1999, p. 8.

Article 1

Adoption of the Seventh Framework Programme

A multiannual framework programme for nuclear research and training activities, hereinafter referred to as the 'Seventh Framework Programme', is hereby adopted for the period from 1 January 2007 to 31 December 2011.

Article 2 Objectives

1. The Seventh Framework Programme shall pursue the general objectives set out in Article 1 and Article 2(a) of the Treaty, while contributing towards the creation of a knowledge-based society, building on the European Research Area.

2. The Seventh Framework Programme shall comprise Community research, technological development, international cooperation, dissemination of technical information and exploitation activities as well as training, to be set out in two specific programmes.

The first specific programme shall cover the following:

(a)    fusion energy research, with the objective of developing the technology for a safe, sustainable, environmentally responsible and economically viable energy source;

(b)    nuclear fission and radiation protection, with the objective of enhancing in particular the safety performance, resource efficiency and cost-effectiveness of nuclear fission and other uses of radiation in industry and medicine.

The second specific programme shall cover the activities of the Joint Research Centre (JRC) in the field of nuclear energy.

3. The broad lines of the specific programmes are described in Annex I.

Article 3

Maximum overall amount and shares assigned to each programme

1. The maximum overall amount for the implementation of the Seventh Framework

Programme for the period 2007 to 2011 shall be EUR 2 751 million. That amount shall be distributed as follows (in EUR million):

Fusion energy research11 947
Nuclear fission and radiation protection287
Nuclear activities of the JRC517

2. The detailed rules for Community financial participation in the Seventh Framework Programme are set out in Annex II.

Within the amount foreseen for fusion energy research, at least EUR 900 million will be reserved to activities other than the construction of ITER, listed in Annex I.

Article 4

Protection of the Communities' financial interests

For Community actions financed under this Decision, Regulations (EC, Euratom) No 2988/95 and (Euratom, EC) No 2185/96 shall apply to any infringement of a provision of Community law, including infringement of a contractual obligation stipulated on the basis of the Seventh Framework Programme, resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the European Union or budgets managed by it, by an unjustified item of expenditure.

Article 5

Fundamental ethical principles

All the research activities carried out under the Seventh Framework Programme shall be carried out in compliance with fundamental ethical principles.

Article 6

Monitoring, assessment and review

1. The Commission shall continually and systematically monitor the implementation of the Seventh Framework Programme and its specific programmes and regularly report and disseminate the results of this monitoring.

2. Not later than 2010, the Commission shall carry out, with the assistance of external experts, an evidence-based interim evaluation of the Seventh Framework Programme and its specific programmes building upon the ex-post evaluation of the Sixth Framework Programme. This evaluation shall cover the quality of the research activities taking place, as well as the quality of implementation and management, and the progress towards the objectives set.

3. Following the completion of the Seventh Framework Programme, the Commission shall cause to be carried out an external evaluation by independent experts of its rationale, implementation and achievements.

The Commission shall communicate the conclusions thereof, accompanied by its observations, to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions.

Article 7

Entry into force

This Decision shall enter into force on the day following its publication in the Official Journal of the European Union.