Explanatory Memorandum to COM(2021)89 - Participation of the Union in the European Partnership on Metrology jointly undertaken by several Member States

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1. CONTEXTOFTHE PROPOSAL

Reasons for and objectives of the proposal

Horizon Europe – the new framework programme for research and innovation (2021 – 2027) – aims to achieve a greater impact on research and innovation by leveraging additional private and public funds via co-investment through European Partnerships. These partnerships are envisaged in areas where the scope and scale of the resources in research and innovation are justified to support achieving the Unions’ priorities targeted by Horizon Europe, notably its pillar 2 – Global challenges and industrial competitiveness.

Article 8 of Regulation (EU) [XXX] of the European Parliament and of the Council1 (the ‘Horizon Europe Regulation’) provides that Institutionalised European Partnerships based on Articles 185 and 187 of the Treaty on the Functioning of the European Union (TFEU) ‘shall be implemented only where other parts of the Horizon Europe programme, including other forms of European Partnerships would not achieve the objectives or would not generate the necessary expected impacts, and if justified by a long-term perspective and high degree of integration’.

In the Horizon Europe Regulation, the co-legislators also identified eight priority areas for possible Institutionalised European Partnerships based on Article 185 or Article 187 TFEU. Consequently, a set of 12 initiatives were identified as candidates and were the subject of a coordinated impact assessment2.

Metrology was acknowledged by the co-legislators as one of these priority areas under the Horizon Europe Regulation, hence the present proposal for a European Metrology Partnership. It builds on the lessons learnt from the European metrology research programme (EMRP) and the European metrology programme on innovation and research (EMPIR). However, the present initiative represents a new partnership to meet new challenges. It is not intended as a mere continuation of previous programmes.

The proposal relates to the participation of the European Union in the European metrology programme undertaken by several Member States. Metrology is the scientific study of measurement. It is a key enabler of economic and social activity and, as such, is a public good. Currently, metrology research programmes lack impact at EU level due to the fragmentation of activities and the duplication of effort across Member States.

This is at a time when Europe faces increased global competition in metrology in terms of scale and focus of investment as well as long-term financial commitment to metrology objectives. In the last decade, the US, China and India increased their investments in metrology by 60%, 50% and 52% respectively. During this period, investments in European institutes remained relatively static and did not respond to new and increasingly important research fields. The inadequate level of investment in Europe, coupled with the fragmentation

Regulation (EU) …[Horizon Europe Regulation].

2.

Only 12 were subject to the coordinated impact assessment, as one initiative on High performance


computing was already subject to an impact assessment in 2017 (SEC(2018) 47).

of metrology capabilities, has resulted in efforts being spread out too thinly, without any strategic focus. The previous programmes funded at EU level, EMRP and EMPIR, have demonstrated the capability of reducing this fragmentation, and also co-fund activities for new metrology capacities and joint priorities.

In recent years, the investments outside the EU have continued. In the US, the National Institute of Standards and Technology (NIST), which is the country’s national metrology institute, had an overall annual budget of USD 724.5 million in 2018 and 2019. Noteworthy actions include a dedicated programme for exploratory measurement sciences (the ‘lab programme’) with an annual budget in excess of USD 60 million and a research programme for fundamental measurements, including quantum science that has an annual budget of more than USD 160 million. According to the latest information available, the National Institute of Metrology (NIM) in China had an operational budget of EUR 180 million in 2018. In addition, China implemented a targeted research programme for metrology between 2016-2019 of about EUR 65 million and funded 160 collaborative research projects across China. By comparison, PTB, the national metrology institute (NMI) in Germany and the largest in Europe, has a total operating annual budget of EUR 200 million, in which the majority is not targeting research, but metrology services for industry and society.

Our global competitors are making these strategic investments because of the growing need for metrology solutions targeting emerging technologies and new product development. Moreover, the increase in societal challenges requiring trustworthy standards and regulations makes it urgent to address the lack of embedment of metrology in the innovation system at European level.

To maintain Europe’s competitive leadership in emerging technologies and new product development and in ensuring a forward-looking approach to trustworthy standards and regulations that anticipate societal challenges3, it is essential that the European Metrology Initiative ensures that by 2030 metrology solutions in Europe are at least equal to the top global performers, in demonstrating world class in providing metrology services for existing, complex measurement challenges and new technologies.. This should be achieved through specialised pan-European networks that pool resources to attain a critical mass of capabilities. These metrology solutions should support sales of new innovative products and services by adopting and using key emerging technologies. The solutions should also contribute to the effective design and implementation of specific standards and regulations that underpin public policies addressing societal challenges.

Consistency with existing policy provisions in the policy area

As metrology is an enabler of all scientific and technological fields, improvements in metrology capabilities can accelerate scientific advancement and industrial developments to help address challenges related, for example, to health, the environment, climate change, social protection and cultural heritage. Any future European metrology initiative for joint

The European Commission’s 2020 Strategic Foresight Report points out that the EU ‘now needs to strengthen forward-looking alliances to continue shaping international norms and standards in a way that reflects European values and interests”, interests’, 2020 Strategic Foresight Report–Charting the Course Towards a more Resilient Europe, p. 15.

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research and innovation would therefore need to create and exploit linkages with several other initiatives under Horizon Europe and beyond.

3.

metrology is relevant for research and innovation activities funded under


In Horizon Europe,

the programme’s digital, industry and space cluster, as the robust accurate measurements provided by metrology make a critical contribution across manufacturing sectors, particularly to high-precision manufacturing of high value-added products such as aerospace, high-performance ICT and space equipment and pharmaceuticals.

However, the use of robust accurate measurements is much wider than this, and therefore the European metrology partnership is relevant to a wide range of other European research and innovation policy areas and initiatives, including public-private partnerships. It is for instance relevant for the operation of smart electrical grids. Metrology is also important to ensuring accurate measurements in health diagnostics and delivery.

More generally, there are complementarities with the European Partnerships envisaged under Horizon Europe for:

digital intensive industries, manufacturing;

4.

Made


Europe

relation

discrete

the monitoring of

CO2

emissions and air pollution in general under the partnerships

Clean Energy Transition and Processes4Planet;

Key digital technologies; Smart networks and services, Artificial and robotics;

5.

intelligence, data


The achievement of zero-emission road transport (2Zero), Safe and automated road transport throug h connected driving, and Clean aviation partnership.

Synergies should also be built with the Innovative Health initiative and the Partnership for large-scale innovation and transformation of health systems in a digital and ageing society. Due to its crosscutting nature, the future European metrology partnership should also help to implement future Horizon Europe missions. It should also develop links with the future European Open Science Cloud Partnership.

Beyond Horizon Europe, complementarities wil be built with other European programmes to support the deployment of metrology solutions such as with the Connecting Europe Facility, the Digital Europe programme, and the LIFE environmental programme. A new Steering Group will oversee the links and efficient communication between the Partnership on Metrology and the other relevant programmes.

Consistency with other Union policies

The European metrology initiative will contribute widely to other Union policies beyond research and innovation. As an enabler across sectors and across disciplines, metrology solutions touch on all six priorities pursued by the Commission, as illustrated in the table below.

Table: Role of

metrology in the priorities of

the Commission

PriorityIllustrations of metrology’s role
A European Green DealProvides metrics for achieving climate neutrality
An economy that works forInnovative and more accurate measurement tools are


6.

such


in

in

to

as

peopleintegral to a successful plan to fight cancer
A Europe fit for the digital ageCentral to setting standards for 5G networks and digital services
Protecting our European way of lifeEssential to provide confidence in a fully functioning Schengen Area to reinforce the European approach to customs risk management
A stronger Europe in the worldUnderpins Europe’s role as a standard setter, leading a strong, open and fair-trade agenda and a functioning emissions trading system
A new push for European democracyEnsuring standards to protect Europe against covert external interference

Metrology ensures that when measurements are taken, they are traceable to internationally agreed definitions and standards. This is the basis of national and international metrology systems that create the accurate, reliable and trustworthy measurements underpinning a wide range of economic activities and public services and covering the entire internal market in an economy that works for people. This concerns the safety of consumer products as well as financial services, where metrology enables each financial transaction to be accurately time-stamped to ensure traceable evidence of it and to ensure compliance with European financial regulations.

To foster a Europe fit for the digital age, accurate state-of-the-art measurement capabilities in national metrology institutes and designated institutes will enable modern digital services but also all emerging digital technologies, such as quantum or artificial intelligence.

Achieving climate neutrality by 2050 will require clear measurement capabilities in remote sensing (such as Earth observation), environment and energy. More specifically, the policy areas of the European Green Deal are all directly related to metrology challenges. Accurate and traceable measurement capabilities enable robust environmental monitoring of the state of the climate. They also support the effective design and enforcement of environmental regulations by providing trustworthy data for the climate variables that support the Paris Agreement on Climate Change and for environmental parameters such as air and water quality.

Measurement science for energy will, for instance, be essential in helping make the transition to renewable energies. In a low carbon future, understanding the magnitude, timescale and impact of climate change will be central. This requires accurate and reliable monitoring of all climate variables over the long timescales needed to detect and understand climate trends.

Furthermore, metrology should underpin fit-for-purpose environmental regulations, such as on water or air pollution, including monitoring and enforcement. Beyond energy and environment, policy areas of the Green Deal such as sustainable industry, sustainable mobility, and biodiversity will all need a modern and capable metrology system.

2. LEGALBASIS, SUBSIDIARITYAND PROPORTIONALITY

Legal basis

The proposal for a European metrology initiative is based on Article 185 TFEU, which concerns the participation of the European Union in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes.

Subsidiarity (for non-exclusive competence)

The subsidiarity principle applies, as the proposal does not fall under the exclusive competence of the European Union. Subsidiarity is safeguarded by the proposal being based on Article 185 TFEU, which explicitly provides for the participation of the Union in research programmes undertaken by several Member States.

The objectives of the proposal cannot be sufficiently achieved by the Member States alone, as the scale and complexity of metrology require investments that go beyond the core research budgets of the national metrology institutes. The excellence required for research and development of cutting-edge metrology solutions is spread across national borders and hence cannot be attained at national level only. Without a consistent approach at European level with critical mass, there is a high risk of a duplication of efforts, resulting in higher costs and less impact.

EU-level support to date has demonstrated the scope for fostering significant levels of integration of metrology research efforts across Europe. To date, integration has been driven by bottom-up project level collaboration. Given its growing importance in facilitating emerging technologies and responding to societal challenges, a more strategic approach to the integration of metrology efforts is required to strengthen the directionality of research. Accordingly, the added value of action at EU level through the European metrology initiative will come from developing and implementing a more programmatic approach that targets metrology research in areas of emerging technological and societal importance.

Proportionality

Article 185 TFEU invites the Union to ‘make provision, in agreement with the Member States concerned, for participation in research and development programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes’.

The proposal complies with the proportionality principle, as Member States will be responsible for developing their joint programme and all operational aspects. The dedicated implementation structure – the European Association of National Metrology Institutes (EURAMET) - has already demonstrated in previous metrology initiatives at European level (EMRP and EMPIR) that it can implement the programme efficiently and effectively. The Union will provide incentives for improved coordination, ensure synergies with and contributions to EU policies and the priorities of Horizon 2020, monitor implementation of the programme and ensure protection of the EU’s financial interests.

The ex ante impact assessment for the European metrology initiative concludes that Article 185 TFEU is the most suitable basis for achieving the objective. This is detailed in Section 6 of the impact assessment4, where an initiative under Article 185 TFEU scores best in terms of effectiveness and coherence and is as cost-efficient as the baseline option of Horizon Europe calls for proposals.

Accordingly, the impact assessment confirms in Sub-Section 6.4 that this form of partnership would provide a stable framework, ensuring the partners’ commitment to long-term objectives. It would also provide the basis for a strategic approach to the future development of metrology in Europe and would, in this regard, be sufficiently flexible to allow top-down guidance from a steering group and targeted implementation of the initiative through specialised networks.

Moreover, the impact assessment determines that by facilitating a long-term strategic approach and targeted implementation, this form of partnership would attract increased commitment and participation from industry and other end-users, leading to the take-up of metrology solutions. This strategic approach and targeted implementation, together with increased participation of industry and other end-users, would lead the way to a metrology system with much stronger capabilities and a top performer at global level.

Choice of the instrument

The proposed European metrology initiative will be based on Article 185 of the TFEU. The conclusions of the interim evaluation and an analysis of the options in the impact assessment have demonstrated that Article 185 is the most appropriate means for achieving the objectives of the European metrology initiative. This conclusion is in line with the conclusions drawn for the previous programmes (EMRP and EMPIR). For this kind of instrument under art. 185 TFEU, Article 188 i TFEU requires that the European Parliament and the Council adopt a decision.

3. RESULTS OF EX POST EVALUATIONS, STAKEHOLDER

1.

CONSULTATIONS


ANDIMPACTASSESSMENTS


Ex post evaluations

In 2017, an independent, external expert group conducted an interim evaluation of EMPIR, the metrology initiative under Article 185 TFEU.

The evaluation confirmed that the EMPIR programme had made good progress in meeting most of the programme’s objectives and was expected to increase European turnover by making use of the developed technologies.

The evaluation recommended a new partnership at European level based on three recommendations. First, the strategic component should be strengthened. The national metrology institutes should engage with other stakeholder communities to develop ‘metrology value chains’ that can support the single market. The evaluation did not advocate a centralised European structure to implement the recommendation. It favoured a bottom-up approach to

7.

Reference Impact Assessment European Partnership on Metrology


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metrology activities based on agreed European-level objectives. For these reasons, the evaluation recommended that pan-European ‘centres of excellence’ in the form of networks (‘European metrology networks’) should feature in a potential successor partnership in order to deepen metrology’s capacity to respond to major societal challenges.

Second, the role of external stakeholders, such as universities and industry should no longer be limited to participation in projects selected after calls. Instead, they should in future be more involved in programme development and in having more opportunities to participate in projects.

The third recommendation was for programme implementation to proactively address metrology applications in emerging scientific areas and focus more on tackling societal challenges.

Stakeholder

consultations

The Commission carried out an open public stakeholder consultation on a future European initiative in metrology5. 225 respondents responded to the online public consultation. Of these, 50% identified themselves as academics/researchers, 16% as EU citizens, 14% as company/business organisations and 12% as public authorities. The remaining 8% included business associations, non-governmental organisations, non-EU citizens and nongovernmental organisations.

The respondents provided their views on the relevance of metrology research, identified problems facing the European metrology research system and assessed several possible policy solutions. The consultation highlighted a number of issues, including insufficient industrial exploitation, lack of cooperation of national metrology institutes (NMIs) with the wider science base, capacity gaps between EU Member States, insufficient mobility of researchers within the NMIs and lack of engagement with European standardisation bodies.

Collection and use of expertise

In preparing the proposal for the European metrology initiative, the Commission engaged with a wide range of external expertise. The approach was to capitalise on analysis from an independent external study, complemented by meetings and interviews with key stakeholders, as well as written feedback.

In this regard, the Commission contracted an external study covering all candidate institutionalised partnerships, including metrology6 and drew extensively on its analysis and findings in preparing the metrology proposal.

In parallel, the Commission held meetings and carried out interviews throughout 2019 with EURAMET e.V, and other metrology experts.

The open public consultation was run from September to November 2019.

8.

Technopolis Group (2020), Impact Assessment Study for Institutionalised European Partnerships under


Horizon Europe, Final Report, Study for the European Commission, DG Research & Innovation

The Commission also held a consultative workshop with Member State experts in November 2019. Subsequently, there was a written consultation of national ministries with responsibility for metrology in March 20207.

Impact assessment

The impact assessment report for the proposed metrology initiative was completed in June 2020 (SWD(2021) 36).

On 15 July 2020 the Regulatory Scrutiny Board gave a positive opinion on the impact assessment report (SEC(2021) 91). In its opinion, RSB requested the following:

As part of the objective to develop transnational metrology networks, the report explains that at a certain point (by 2030), a partnership would no longer be necessary. The report should clarify why this is included in the impact assessment report and how it links with the current initiative, which covers the financing period up to 2027. If it is confirmed that a partnership would no longer be necessary, the report should bring out more clearly how the currently proposed partnership is expected to help establish the necessary conditions for its future discontinuation.

The report should explain better how private sector actors would be involved under the preferred ‘public-public’ partnership form. It should clarify the incentives for them to engage.

The report could usefully provide more background explanation on the national metrology research bodies and how they function.

The impact assessment includes the following options:

The baseline scenario was a situation without a partnership and with only traditional calls for proposals under Horizon Europe. That would result in closing the current implementation structure of Article 185 with the ending of ongoing EMPIR projects in 2023, which would lead to winding down and social discontinuation costs.

Under option 1, a co-funded European Partnership would be established. Such a partnership would make it easier for NMIs to pool resources but would pose a great risk of turning into a ‘closed club’, discouraging academia from engaging.

In option 2, an Institutionalised European Partnership (Article 185 TFEU) would be established. Such an initiative would build on the progress made under EMPIR, the existing Institutionalised European Partnership, by expanding the list of European metrology networks with additional ones with new focus areas. It would involve actors from across the wider

The Commission consulted experts from the ministries of the EU and European Free Trade Association (EFTA) Member States which were running their country’s national metrology programme. Of the 32 countries, 20 provided feedback, of which 16 clearly expressed their support for continuing the metrology initiative in the form of an institutionalised partnership while there were no opinions opposing this idea. In total, 89% of the correspondents considered metrology relevant for their research organisations, including universities, while 86% considered it relevant for national policies and priorities.

metrology value chain, including national ministries, standardisation bodies, regulators, industry, end-users and consumers. The level of EU financing under Horizon Europe would increase compared to Horizon 2020 due to the resources needed to compensate for the increased scope.

The impact assessment report concluded that option 2 is the preferred option. This is in line with the results of the public consultation, where 62% of the respondents were in favour of an Institutionalised Partnership as the preferred option for the new initiative in metrology. All four major sub-groups of respondents (academia, company/business, EU citizens and public authority representatives) agreed, and there was no minority group favouring a different option.

The economic benefits of the proposed initiative have both a direct and indirect component. The direct component is the increased sales of instrumentation and linked services in industry. This is estimated at EUR 50 million a year. In addition, the objective of promoting innovation in strategic application areas indirectly has a further long-term leveraged impact on sales. The social and environmental benefits are directly related to the specialised metrology networks. The networks provide specific metrology solutions for all stakeholders along the metrology value chain, including industry, end-users and citizens.

Simplification

The proposal will simplify the administrative procedures for public authorities and bodies (EU or national) and for private parties.

The EU will deal directly with the dedicated implementation structure of the European metrology initiative, which will be in charge of allocating, monitoring and reporting on the use of the EU’s contribution.

Fundamental rights

The proposed Decision has no consequences for the protection of fundamental rights.

4. BUDGETARYIMPLICATIONS

The legislative financial statement presented with this decision sets out the indicative budgetary implications. The Union’s maximum financial contribution, including EFTA appropriations, to the metrology partnership will be EUR 300 million in current prices for the duration of the Horizon Europe framework programme.

The provisions of the Decision and of the contribution agreement to be concluded between the Commission and the dedicated implementation structure (Euramet e.V.) must ensure that the EU’s financial interests are protected.

5. OTHERELEMENTS

Implementation plans and monitoring, evaluation and reporting arrangements

Implementation of the initiative will be based on a strategic research and innovation agenda agreed with the national partners in the initiative.

The initiative’s performance will be monitored through annual reports approved by the European Commission. This will include reporting progress with the key performance indicators and other measures set out in the strategic research and innovation agenda.

The proposal includes a review clause for an interim evaluation not later than 2025 and a final evaluation not later than 2030.

European Economic Area

The proposed Decision concerns an EEA matter and should therefore include the European Economic Area. Nevertheless, to ensure complementarity with third countries their participation is foreseen through a corresponding provision.

Detailed explanation of the specific provisions of the proposal

Article 1 of the proposed Decision determines the current and possible future geographical scope for the European Partnership on Metrology.

Article 2 underlines the link with the Horizon Europe Regulation and sets out the objective of such a partnership against this background. It also lays down the general and specific objectives that a future partnership should comply with and deliver on.

Articles 3 and 4 prescribe the financial contribution that the European Union will make to EURAMET out of the EU budget.

Articles 5, 6 and 7 set the obligations under which Member States and other participating countries can contribute to the future partnership. It clarifies that participating countries should not only match the EU contribution but also fund other relevant activities, such as future European metrology networks.

Article 8 clarifies the rules of participation for which there may be a derogation to the Horizon Europe rules in duly justified cases; it also sets the minimum guarantees to ensure more openness of future calls, for instance not only national metrology institutes but also other stakeholders should be entitled to coordinate future projects under this partnership.

Article 9 sets the framework for implementation agreements between the European Commission and EURAMET. Article 10 enables the European Commission to act if participating countries fail to comply with their commitments under this Decision. Articles 11 and 12 provide safeguards to protect the European Union’s financial interests.

On the future governance of the partnership, Articles 13 to 17 set a new framework. While it is mainly for EURAMET to set up this partnership, the Commission proposes setting up an external Steering Group co-chaired by the Commission and a Member State representative; the Group should offer an impetus for the new partnership to be closer to users’ needs and strengthen its impact on industry, regulation and standard setting. The Group should also include representatives from other European partnerships with private partners.

In the same way as for other institutional partnerships, Article 18 proposes an interim and final evaluation in line with the Better Regulation principles. Articles 19 to 21 are intended to ensure a smooth functioning of the future European Partnership.