Innovation Union (with key documents), which was launched a year ago, is one of the seven flagship initiatives of the Europe 2020 strategy for smart, sustainable and inclusive growth. The web pages are excellent. You can follow @innovationunion on Twitter and like Innovation Union on Facebook.
Through Eur-Lex you can find the communication in 22 official EU languages; the English pdf version:
Europe 2020 Flagship Initiative Innovation Union; Brussels, 6.10.2010 COM(2010) 546 final (43 pages)
The communication was accompanied by the longer Commission staff working document:
A RATIONALE FOR ACTION; Brussels, 6.10.2010 SEC(2010) 1161 final (103 pages)
Innovation Union Competitiveness Report 2011
The Directorate-General for Research and Innovation has just published a hefty report on where the European Union and its member states stand with regard to reseaarch, development and innovation:
Innovation Union Competitiveness Report – 2011 edition
Denmark RDI
The blog post EU2020: Research and development quality in Denmark told us that the country already invested more than 3 per cent of GDP in RDI activities. The then Danish government was more interested in improving the output from the efforts.
There are Country Profile pages for 33 countries, the 27 EU member states plus Croatia, Iceland, Israel, Norway, Switzerland and Turkey.
The country profile for knowledge-intensive Denmark shows that although the target of 3 per cent had already been reached, on current trends the country could attain 3.5 per cent of GDP by 2020.
Besides a general assessment of strengths and weaknesses, much of the information on the eight pages relates to Danish participation in the EU Seventh Framework Programme (FP7), managed by CORDIS – the Community Research and Development Information Service.
However, should we look for outside comparative evaluations in order to get a rounded view of innovation in Denmark?
Ralf Grahn
Showing posts with label research. Show all posts
Showing posts with label research. Show all posts
Thursday, 13 October 2011
EU2020: Research and development quality in Denmark
In the blog post EU2020: Denmark aims for high employment we saw that a high employment rate (75 per cent) is a headline target of the Europe 2020 strategy for smart, sustainable and inclusive growth, but new reform efforts are needed to put the European Union as a whole on track.
Although somewhat dented during the crisis years, Denmark had 76.1 per cent of 20-64 year old employed, so the National Reform Programme (NRP) 2011 promises continued reforms in order to reach an employment rate of 80 per cent by 2020.
We return to the English version of the Danish Government's NRP in in order to see the plans concerning research and development:
Denmark's National Reform Programme (May 2011; 67 pages)
Research and development quality
For the EU as a whole, the EU2020 strategy aims at a quantitative target – 3 per cent of GDP – for research and development (R&D) and innovation activities by 2020, including both private and public investment.
Admittedly, this quantitative input measure is a bit primitive, but better than nothing. The European Union as a whole needs to catch up with the most innovative countries, states (USA) and regions in the world.
According to Eurostat, in 2009 the EU-27 R&D investment was just 2.01 per cent of GDP, but Denmark on 3.02 per cent had already reached the EU2020 target, third behind Finland (3.96%) and Sweden (3.62%).
The Danish research, development and innovation (RDI) strategy does not aim to throw more into the input basket, but it is focused on increasing the effectiveness of productivity in the field of research (NRP page 19).
The NRP Box 2.2 on page 20 presents new initiatives in the areas of research, development and innovation.
Annual Growth Survey
The European Commission presented its guidance for the final versions of the National Reform Programmes in its communication:
Annual Growth Survey: advancing the EU's comprehensive response to the crisis; Brussels, 12.1.2010 COM(2011) 11 final
The AGS made a few general points about research, development, innovation and competitiveness during tough times:
Ralf Grahn
Although somewhat dented during the crisis years, Denmark had 76.1 per cent of 20-64 year old employed, so the National Reform Programme (NRP) 2011 promises continued reforms in order to reach an employment rate of 80 per cent by 2020.
We return to the English version of the Danish Government's NRP in in order to see the plans concerning research and development:
Denmark's National Reform Programme (May 2011; 67 pages)
Research and development quality
For the EU as a whole, the EU2020 strategy aims at a quantitative target – 3 per cent of GDP – for research and development (R&D) and innovation activities by 2020, including both private and public investment.
Admittedly, this quantitative input measure is a bit primitive, but better than nothing. The European Union as a whole needs to catch up with the most innovative countries, states (USA) and regions in the world.
According to Eurostat, in 2009 the EU-27 R&D investment was just 2.01 per cent of GDP, but Denmark on 3.02 per cent had already reached the EU2020 target, third behind Finland (3.96%) and Sweden (3.62%).
The Danish research, development and innovation (RDI) strategy does not aim to throw more into the input basket, but it is focused on increasing the effectiveness of productivity in the field of research (NRP page 19).
The NRP Box 2.2 on page 20 presents new initiatives in the areas of research, development and innovation.
Annual Growth Survey
The European Commission presented its guidance for the final versions of the National Reform Programmes in its communication:
Annual Growth Survey: advancing the EU's comprehensive response to the crisis; Brussels, 12.1.2010 COM(2011) 11 final
The AGS made a few general points about research, development, innovation and competitiveness during tough times:
All Member States, especially those in excessive deficit procedure, should keep public expenditure growth firmly below the rate of medium term trend GDP growth, while prioritising sustainable growth friendly expenditure in areas such as research and innovation, education and energy (page 4).In addition to budget priorities, the Danish government and the Commission point towards quality consciousness and RDI excellence in order to enhance competitiveness of European businesses.
Member States should simplify their regimes for the recognition of professional qualifications to facilitate the free circulation of citizens, workers and researchers (page 7).
To remain competitive in a globalised economy Member States must urgently begin the deep structural reforms needed to enhance the excellence of our research and our capacity to innovate, turning ideas into products and services that meet the demand of high-growth markets, taking advantage of the technological capabilities of our industry and helping SMEs to grow and internationalise (page 7).
Ralf Grahn
Friday, 29 April 2011
Hungarian EU Council presidency: Innovation (Future Perfect)
Third time lucky? Our third informal ministerial ”competitiveness” meeting arranged by the Hungarian EU Council presidency seems to unearth a rich vein of precious ore, especially for those who are interested in research, development and innovation (RDI).
Europe 2020 growth strategy
Competitiveness in and of Europe depends on growth-enhancing reforms in line with the Europe 2020 strategy (EU2020) for smart, sustainable and inclusive growth (although we still hope for updates) and the relaunch of the Single Market (link to all Single Market Act SMA language versions).
Informal Council meetings
Therefore, we looked at how the Hungarian presidency of the Council of the European Union communicated on relevant informal meetings of the Council. First, we searched for the press releases related to the 16 to 18 January 2011 meeting of employment ministers (Employment, Social Policy, Health and Consumer Affaris EPSCO). Then, we found richer and better structured pickings from the gathering of ministers for transport (Transport, Telecommunications and Energy TTE) on 7 and 8 February 2011.
Competitiveness Council
Our third informal meeting brings us into contact with the Competitiveness Council (internal market, industry, research and space). As usual, the related press releases on the Consilium website contain official Council conclusions.
Hungarian EU Council presidency
If we use the search functions on the Hungarian presidency page News and events, filtering down between 11 and 13 April 2011, as well as the Council formation Competitiveness (COMP), we find some interesting items.
Innovation (RDI)
The press release 'Ministerial debate on innovation reform' gives us an account of efforts to intensify European efforts in the areas of research, development and innovation (RDI), including the need to simplify the European research framework programme(s). The new member states in Central Europe lag far behind as recipients of EU research funding.
In the margin of the web page, we find a number of helpful links to additional resources, reminding us of the well structured and high quality web communications of the Swedish EU Council presidency in 2009.
Future Perfect
We find a solid introductory presentation of RDI policies in the European Union:
Future Perfect – Discussion Paper for the Informal Meeting of Ministers of Research (Competitiveness Council); Budapest – Gödöllö, Hungary, 12 April 2011 (45 pages)
Future Perfect contains four interesting chapters on the RDI challenges facing Europe:
The aims of the discussion paper are presented like this:
Future Perfect is highly recommended as an overview for everyone engaged in RDI issues in Europe.
***
We return to the informal EU meeting(s) of research and industry ministers in future blog entries.
Ralf Grahn
P.S. The Spanish journalist Macarena Rodríguez writes one of the top Euroblogs: La Oreja de Europa. Follow her on Twitter as well @MacarenaRG.
Europe 2020 growth strategy
Competitiveness in and of Europe depends on growth-enhancing reforms in line with the Europe 2020 strategy (EU2020) for smart, sustainable and inclusive growth (although we still hope for updates) and the relaunch of the Single Market (link to all Single Market Act SMA language versions).
Informal Council meetings
Therefore, we looked at how the Hungarian presidency of the Council of the European Union communicated on relevant informal meetings of the Council. First, we searched for the press releases related to the 16 to 18 January 2011 meeting of employment ministers (Employment, Social Policy, Health and Consumer Affaris EPSCO). Then, we found richer and better structured pickings from the gathering of ministers for transport (Transport, Telecommunications and Energy TTE) on 7 and 8 February 2011.
Competitiveness Council
Our third informal meeting brings us into contact with the Competitiveness Council (internal market, industry, research and space). As usual, the related press releases on the Consilium website contain official Council conclusions.
Hungarian EU Council presidency
If we use the search functions on the Hungarian presidency page News and events, filtering down between 11 and 13 April 2011, as well as the Council formation Competitiveness (COMP), we find some interesting items.
Innovation (RDI)
The press release 'Ministerial debate on innovation reform' gives us an account of efforts to intensify European efforts in the areas of research, development and innovation (RDI), including the need to simplify the European research framework programme(s). The new member states in Central Europe lag far behind as recipients of EU research funding.
In the margin of the web page, we find a number of helpful links to additional resources, reminding us of the well structured and high quality web communications of the Swedish EU Council presidency in 2009.
Future Perfect
We find a solid introductory presentation of RDI policies in the European Union:
Future Perfect – Discussion Paper for the Informal Meeting of Ministers of Research (Competitiveness Council); Budapest – Gödöllö, Hungary, 12 April 2011 (45 pages)
Future Perfect contains four interesting chapters on the RDI challenges facing Europe:
1. Introduction
2. Research, development and innovation in the EU
3. New directions for EU research, development and innovation funding
4. The contribution and potential of Hungarian innovation
The aims of the discussion paper are presented like this:
The purpose of this document is to set out an agenda for discussion and to provide an overview of the most recent offi cial papers and draft reports concerning the fi elds of research, development and innovation in the EU. The four themes which have been identifi ed are:
• Unleashing Innovation
• Addressing the Grand Challenges
• Strengthening Europe’s Science Base
• Spreading Excellence
Future Perfect is highly recommended as an overview for everyone engaged in RDI issues in Europe.
***
We return to the informal EU meeting(s) of research and industry ministers in future blog entries.
Ralf Grahn
P.S. The Spanish journalist Macarena Rodríguez writes one of the top Euroblogs: La Oreja de Europa. Follow her on Twitter as well @MacarenaRG.
Saturday, 31 July 2010
The state of the European Union: EU-27 Watch No 9 published
Actually, EU-27 Watch offers more than it promises. Despite its name, the Internet platform compiles materials on European policy debates in 31 countries, as reported by researchers from national research institutes (think tanks): 27 EU member states as well as the four candidate countries for accession, Croatia, Turkey, Macedonia and Iceland.
The EU-27 Watch No 9 now published is an important overview of the European Union as seen from national capitals through expert eyes.
Under the Current Issue, the Introduction by Katrin Böttger and Julian Plottka provides an excellent summary of European Union events and opinions during the latest six months: The EU in 2010 – between excitement over the Lisbon Treaty and anxieties about the financial and economic crisis.
Alternatively, you can access the pdf version of the EU-27 Watch No 9 Introduction (and the Questionnaire) as a pdf file. The main policy areas covered are:
• Implementation of the Lisbon Treaty;
• Enlargement and Neighbourhood Policy;
• European economic policy and the financial and economic crisis;
• Climate and energy policy; and
• Other current issues and discourses in the reporting countries.
Economic policy
Note that EU economic policies and the financial and economic crises are discussed extensively, not only in the dedicated chapter, but in the own-initiative chapter on domestic debates as well (Other current issues). The economy is the central issue right now, even if the remedies to apply are far from clear at this stage.
Countries and policy areas
There are now two ways to approach the new EU-27 report. You can read the country sections on the various policy debates, or you can peruse the policies you are interested in sorted into country contributions.
One thing I missed from the old EU-27 reports was the convenient possibility to access or download the whole publication as one file, at one go.
Ralf Grahn
P.S. It is easier to understand a language than to use it correctly, and as Eurobloggers we should promote interaction among Europeans. Grahnlaw has adopted a multilingual comment policy:
I do my best to read comments in Danish, Dutch, English, Finnish, French, German, Italian, Norwegian, Portuguese, Spanish or Swedish, even if the Grahnlaw blog and my possible replies are in English.
The EU-27 Watch No 9 now published is an important overview of the European Union as seen from national capitals through expert eyes.
Under the Current Issue, the Introduction by Katrin Böttger and Julian Plottka provides an excellent summary of European Union events and opinions during the latest six months: The EU in 2010 – between excitement over the Lisbon Treaty and anxieties about the financial and economic crisis.
Alternatively, you can access the pdf version of the EU-27 Watch No 9 Introduction (and the Questionnaire) as a pdf file. The main policy areas covered are:
• Implementation of the Lisbon Treaty;
• Enlargement and Neighbourhood Policy;
• European economic policy and the financial and economic crisis;
• Climate and energy policy; and
• Other current issues and discourses in the reporting countries.
Economic policy
Note that EU economic policies and the financial and economic crises are discussed extensively, not only in the dedicated chapter, but in the own-initiative chapter on domestic debates as well (Other current issues). The economy is the central issue right now, even if the remedies to apply are far from clear at this stage.
Countries and policy areas
There are now two ways to approach the new EU-27 report. You can read the country sections on the various policy debates, or you can peruse the policies you are interested in sorted into country contributions.
One thing I missed from the old EU-27 reports was the convenient possibility to access or download the whole publication as one file, at one go.
Ralf Grahn
P.S. It is easier to understand a language than to use it correctly, and as Eurobloggers we should promote interaction among Europeans. Grahnlaw has adopted a multilingual comment policy:
I do my best to read comments in Danish, Dutch, English, Finnish, French, German, Italian, Norwegian, Portuguese, Spanish or Swedish, even if the Grahnlaw blog and my possible replies are in English.
Tuesday, 29 June 2010
Europe 2020 strategy: Belgian EU Council presidency and Innovation Union
Yesterday we looked at the visible preparation and communication by the Commission services of the flagship initiative Innovation Union, in the framework of the Europe 2020 strategy for jobs and growth.
The central Europe 2020 website was (and still is) like an abandoned child rather than the promising heir to Europe’s ambitions. DG Enterprise and Industry may have done a lot of preparatory work last year, but has not taken care to inform stakeholders or the general public about ongoing preparation, if any.
On the other hand, DG Research has shown the way for other Commission services, EU institutions, Council presidencies and member states, by reaching out to stakeholders through interactive means.
If DG Research continues in the same spirit, it can foster informed debate with the research community and the wider public, as Linda Margaret noted in a comment.
Belgian presidency of the EU Council
It is time to turn to how the Council of the European Union prepares for and communicates the coming flagship initiative Innovation Union. Our natural starting point is the work programme for the second half of 2010.
The Programme of the Belgian Presidency of the EU Council presents the wider context (strategic framework) for the work during the coming six months. Here the programme states (page 5):
December European Council
On page 6, the Belgian presidency adds a note on industrial policy, as well as research and development:
October European Council
In the operational part of the presidency programme, Belgium turns to the upcoming European Council meeting in October 2010 (page 12):
Are both the October and December European Council meetings going to be dedicated to the same subjects?
Intellectual property
Under Competitiveness, the Belgian presidency programme deals with the related area of intellectual property, where the tenor seems to be more supportive of the interests of rights holders and the US administration than of user industries, ordinary users and “digital natives” (page 21 to 22):
Industrial policy
Also related to innovation is the coming Europe 2020 flagship initiative for industrial policy (page 22):
Innovation Union
The flagship initiative Innovation Union, including various aspects of research, development and innovation are dealt with at length in the Belgian presidency programme (from page 22 to 24):
Innovation is mentioned in other contexts as well, such as health, transport and education.
Verbally, at least, the EU Council takes research, development and innovation seriously, as it should with China just ten years from closing the innovation gap.
Ralf Grahn
The central Europe 2020 website was (and still is) like an abandoned child rather than the promising heir to Europe’s ambitions. DG Enterprise and Industry may have done a lot of preparatory work last year, but has not taken care to inform stakeholders or the general public about ongoing preparation, if any.
On the other hand, DG Research has shown the way for other Commission services, EU institutions, Council presidencies and member states, by reaching out to stakeholders through interactive means.
If DG Research continues in the same spirit, it can foster informed debate with the research community and the wider public, as Linda Margaret noted in a comment.
Belgian presidency of the EU Council
It is time to turn to how the Council of the European Union prepares for and communicates the coming flagship initiative Innovation Union. Our natural starting point is the work programme for the second half of 2010.
The Programme of the Belgian Presidency of the EU Council presents the wider context (strategic framework) for the work during the coming six months. Here the programme states (page 5):
The EU 2020 strategy for employment and growth aspires to establish an intelligent, sustainable and inclusive economy. This assumes growth in employment, a greater mobilisation in support of innovation and education, as well as making ambitious commitments on climate issues and, lastly, a strengthening of social cohesion. The fulfilment of the major objectives defined by the European Council will underpin the socio-economic priorities of the Belgian Presidency's programme.
December European Council
On page 6, the Belgian presidency adds a note on industrial policy, as well as research and development:
The Belgian Presidency will also seek to lend momentum to a sustainable industrial policy, with the main aim of developing a green European economy, competitive at the global level. It will maintain an integrated approach, covering all facets of innovation and targeting the needs of businesses, in the main, and those of SMEs in particular.
Research, development and innovation will be the subject of in-depth discussions at the European Council in December 2010. As a priority, it must define guidelines for better coordination of Member States' policy in this area. The Belgian Presidency will focus on defining indicators to measure both the extent to which the crucial objective of 3% is being met, as well as the progress achieved through the creation of a European Research Area. Particular attention will be devoted to the free flow of knowledge within this European Research Area and to the simplification of Community programmes.
October European Council
In the operational part of the presidency programme, Belgium turns to the upcoming European Council meeting in October 2010 (page 12):
In accordance with the European Council’s decision of March 2010, the October European Council will focus its attention on research and development and specifically examine the resources required to increase Europe’s innovation potential and competitive capacity in light of the challenges it faces. The Belgian Presidency will ensure that the debate is properly prepared and monitored by all sittings of the Council concerned.
Are both the October and December European Council meetings going to be dedicated to the same subjects?
Intellectual property
Under Competitiveness, the Belgian presidency programme deals with the related area of intellectual property, where the tenor seems to be more supportive of the interests of rights holders and the US administration than of user industries, ordinary users and “digital natives” (page 21 to 22):
Intellectual property
Adequate protection of intellectual property has been identified in the Europe 2020 Strategy as one of the most significant obstacles to successful operation of the internal market. Appropriate innovation and protection of innovative ideas form a whole at a European level. Under the Belgian Presidency, the Council will continue its work on the resolution of questions which remain open, both for the EU patent and for the unified patent litigation system.
Regarding copyright, under the Belgian Presidency, the Commission’s legislative initiative on orphan works will be the subject of an initial policy debate at the Council. Taking into account the digital development of libraries such as Europeana and other private initiatives, the Council will seek to make the most of an opportunity for European legislation on the matter.
Among the various initiatives in progress concerning the respect of intellectual property rights, at both a European and an international level, the Belgian Presidency will give special priority to negotiations on the Anti-Counterfeiting Trade Agreement (ACTA) with a view to their conclusion before the end of 2010.
Industrial policy
Also related to innovation is the coming Europe 2020 flagship initiative for industrial policy (page 22):
The Belgian Presidency will promote the launch of “Industrial policy in the era of globalization” as a flagship initiative of the Europe 2020 Strategy, while ensuring the articulation of the horizontal approach and the dimensions associated with these sectors. In particular, this new industrial strategy seeks to ensure the development of a proactive consultation process concerning the transition of the European economy to a green economy which is competitive on the world stage, and to provide a response to the challenges and opportunities which this poses to European industry.
Innovation Union
The flagship initiative Innovation Union, including various aspects of research, development and innovation are dealt with at length in the Belgian presidency programme (from page 22 to 24):
Research, development and innovation will be highlighted as priorities during the second half of 2010 within the context of the Europe 2020 Strategy through the "Innovation Union" flagship initiative. In compliance with conclusions adopted by the European Council in March 2010, the Council must make a contribution on this subject in preparation for the European Council in December. The Belgian Presidency will focus on formulating guidelines, defining policy objectives and developing indicators which allow progress on the creation of a European Research Area (ERA) to be measured.
On the basis of the Commission communication concerning the plan for research and innovation, the Belgian Presidency will favour an integrated approach covering multiple facets of innovation – technological, non-technological, and social – which promote its distribution throughout the economic fabric and which respond to the current challenges and the needs of businesses, particularly SMEs. In the context of the knowledge triangle, the role of clusters and the relationship between research centres, training and business will be examined.
In light of the development of the 8th Framework Programme, under the Belgian Presidency, the Council will conduct work relating to the simplification of administrative procedures and financial controls from the 7th Framework Programme for Research and Development.
Throughout the Belgian Presidency, particular attention will be given to the development of the following three initiatives relating to free circulation of knowledge within the European Research Area:
• definition of framework conditions for the “joint-programming” initiative with social challenges as the priority;
• continuation of the execution of the European partnership for researchers, in particular to increase their mobility and improve their status;
• promotion of improved integration in universities and research institutes within the knowledge triangle.
Under the Belgian Presidency, the Council will work to develop the role of the regions in the development, implementation and monitoring of research and European Scientific Policy.
Under the Belgian Presidency, the Council will examine the contribution of R&D to a sustainable society through strategic bio-economy initiatives, the plan for the development of low carbon technologies, (SET Plan) and marine and maritime research.
The Council will continue the discussion on the ITER project and examine the possibility of extending the 7th Euratom Framework Programme (scheduled to end in 2011) so that it comes to an end at the same time as the 7th Research Framework Programme due to end in 2013.
In the space sector, the Presidency will seek to ensure progress is made in the definition of a European vision for space exploration in order to allow the European Union's flagship programmes for the space sector to operate sustainably as soon as possible. Finally, the implementation of competence in the space sector, accorded to the EU by the Treaty of Lisbon, will receive the undivided attention of the Belgian Presidency which will seek to bring together existing European expertise and infrastructures in the space sector, in particular those of the European Space Agency.
Innovation is mentioned in other contexts as well, such as health, transport and education.
Verbally, at least, the EU Council takes research, development and innovation seriously, as it should with China just ten years from closing the innovation gap.
Ralf Grahn
Monday, 28 June 2010
Europe 2020 strategy: Innovation Union - preparation and communication
There is a link to the European Council’s conclusions [to be adopted] 17 June 2010, but otherwise the European Commission’s central website for the Europe 2020 strategy for jobs and growth is still as dead as the dodo.
While waiting for the Commission, the Council, the European Parliament and the member states to start communicating the Europe 2020 strategy in earnest, we continue looking for elements of the flagship initiative Innovation Union.
We already looked at Innovation Union in the light of the Commission’s communication on the Europe 2020 strategy: COM(2010) 2020 final.
With China about to close the innovation performance gap in ten years, one would expect the European leaders to be shaken as well as stirred into action. The Commission’s Work Programme (CWP) for 2010, and especially the so called Roadmap published by the Impact Assessment Board (IAB) on the initiative Research and Innovation Plan added useful elements to our knowledge.
DG Enterprise and Industry
The home page of the European Commission’s Directorate-General Enterprise and Industry offers two links to the Europe 2020 strategy.
The text link takes us to a page with a general description, which mentions the European Council 26 March 2010. It offers a further link to the central Europe 2020 web page we already gave a preliminary death certificate.
The graphic link of DG Enterprise takes us directly to the central Europe 2020 web page, but naturally the contents remain the same.
Do we fare any better if we look under Innovation policies? Future EU innovation policies catches our eye.
Yes, we do find materials on preceding public consultations held in 2009, but nothing really new or concrete about the European plan for innovation (Innovation Union) being prepared for presentation in the autumn 2010.
The website of commissioner Antonio Tajani does not add anything on EU2020.
DG Enterprise and Industry should start communicating comprehensively on the preparation of the flagship initiative Innovation Union.
DG Research
The home page of DG Research tells us that commissioner Máire Geoghegan-Quinn arranged a webcast for EU citizens about Innovation Union 17 June 2010. She discussed with participants in an open and convincing manner, and she has promised to post answers to frequently asked questions she was unable to reply to during the webcast.
There is also a frequently updated Innovation Union Facebook page and a group with 318 members.
This is a good start, and the use of interactive communication and social media is promising.
Still, the Press centre and the Facebook group offer mainly disparate news “shrapnel”. The next step could be to create well structured thematic pages for Innovation Union and to contribute to turning the central Europe 2020 web page into a constantly updated website.
Ralf Grahn
While waiting for the Commission, the Council, the European Parliament and the member states to start communicating the Europe 2020 strategy in earnest, we continue looking for elements of the flagship initiative Innovation Union.
We already looked at Innovation Union in the light of the Commission’s communication on the Europe 2020 strategy: COM(2010) 2020 final.
With China about to close the innovation performance gap in ten years, one would expect the European leaders to be shaken as well as stirred into action. The Commission’s Work Programme (CWP) for 2010, and especially the so called Roadmap published by the Impact Assessment Board (IAB) on the initiative Research and Innovation Plan added useful elements to our knowledge.
DG Enterprise and Industry
The home page of the European Commission’s Directorate-General Enterprise and Industry offers two links to the Europe 2020 strategy.
The text link takes us to a page with a general description, which mentions the European Council 26 March 2010. It offers a further link to the central Europe 2020 web page we already gave a preliminary death certificate.
The graphic link of DG Enterprise takes us directly to the central Europe 2020 web page, but naturally the contents remain the same.
Do we fare any better if we look under Innovation policies? Future EU innovation policies catches our eye.
Yes, we do find materials on preceding public consultations held in 2009, but nothing really new or concrete about the European plan for innovation (Innovation Union) being prepared for presentation in the autumn 2010.
The website of commissioner Antonio Tajani does not add anything on EU2020.
DG Enterprise and Industry should start communicating comprehensively on the preparation of the flagship initiative Innovation Union.
DG Research
The home page of DG Research tells us that commissioner Máire Geoghegan-Quinn arranged a webcast for EU citizens about Innovation Union 17 June 2010. She discussed with participants in an open and convincing manner, and she has promised to post answers to frequently asked questions she was unable to reply to during the webcast.
There is also a frequently updated Innovation Union Facebook page and a group with 318 members.
This is a good start, and the use of interactive communication and social media is promising.
Still, the Press centre and the Facebook group offer mainly disparate news “shrapnel”. The next step could be to create well structured thematic pages for Innovation Union and to contribute to turning the central Europe 2020 web page into a constantly updated website.
Ralf Grahn
Wednesday, 23 June 2010
China closes the innovation gap in ten years (Innovation Union in Europe 2020 strategy)
With regard to innovation performance, China is showing a rapid rate of relative improvement, which points to a possible closing of the performance gap with the EU in the near future (10 years under a business-as-usual simple linear extrapolation), says an assessment by European Commission experts.
For an inspired tour of antiquated European mindsets versus real world challenges, you can read the blog post by Jason O’Mahony: As Europeans slowly shuffle off history’s pages...
Time for Europeans to wake up?
Innovation Union
The blog post Europe 2020 strategy: Flagship initiative Innovation Union presented the outline of coming action promised by the European Commission in the Europe 2020 communication COM(2010) 2020 final.
We find no updated information on the Commission’s central Europe 2020 web page yet, in general or with regard to the flagship initiative Innovation Union.
Commission Work Programme
Under the headline Advancing the Europe 2020 flagship initiatives, the Commission’s Work Programme (CWP) for 2010 promises (page 5):
Source:
Commission Work Programme 2010: Time to act Brussels, Volume I; 31.3.2010 COM(2010) 135 final (13 pages)
In Annex I (Volume II) a Communication on a European Plan for Research and Innovation is promised during the third quarter of 2010 (page 3), in:
Commission Work Programme 2010 Time to act, Volume II Annexes; Brussels, 31.3.2010 COM(2010) 135 final (44 pages)
European plan for research and innovation assessed
The Impact Assessment Board (IAB) has published a so called Roadmap, a preliminary assessment of the Commission Work Programme initiative Research and Innovation Plan (10 pages). The Commission is expected to adopt the Communication on 7 September 2010.
The Roadmap describes the context, including the long term vision for the European Research Area (ERA).
The main problems are laid out in a matter-of-fact way, including the introductory quote of this blog post, which is found on page 2 of the Roadmap.
The Roadmap then presents the objectives of the Innovation Union initiative, the expected impacts of the European plan for research and innovation, evaluations of previous policies and accomplished impact assessment work, as well as plans for further impact assessment work.
The Roadmap is detailed and full of references to sources, in short, an excellent introduction to the state of research and innovation in Europe, and the need for energetic action.
Ralf Grahn
For an inspired tour of antiquated European mindsets versus real world challenges, you can read the blog post by Jason O’Mahony: As Europeans slowly shuffle off history’s pages...
Time for Europeans to wake up?
Innovation Union
The blog post Europe 2020 strategy: Flagship initiative Innovation Union presented the outline of coming action promised by the European Commission in the Europe 2020 communication COM(2010) 2020 final.
We find no updated information on the Commission’s central Europe 2020 web page yet, in general or with regard to the flagship initiative Innovation Union.
Commission Work Programme
Under the headline Advancing the Europe 2020 flagship initiatives, the Commission’s Work Programme (CWP) for 2010 promises (page 5):
Concrete steps will be taken in the coming months to flesh out the Europe 2020 flagship initiatives, in close cooperation with relevant Council formations and stakeholders. The Commission will set out its proposals by way of the following communications:
-----
– “A European plan for research and innovation” (strategic initiative 11): This "Innovation Union" flagship will set out priorities to improve framework conditions for Europe's research and its capacities for creativity and innovation, including eco-innovation. This will contribute to the planned autumn discussion of the European Council.
-----
Source:
Commission Work Programme 2010: Time to act Brussels, Volume I; 31.3.2010 COM(2010) 135 final (13 pages)
In Annex I (Volume II) a Communication on a European Plan for Research and Innovation is promised during the third quarter of 2010 (page 3), in:
Commission Work Programme 2010 Time to act, Volume II Annexes; Brussels, 31.3.2010 COM(2010) 135 final (44 pages)
European plan for research and innovation assessed
The Impact Assessment Board (IAB) has published a so called Roadmap, a preliminary assessment of the Commission Work Programme initiative Research and Innovation Plan (10 pages). The Commission is expected to adopt the Communication on 7 September 2010.
The Roadmap describes the context, including the long term vision for the European Research Area (ERA).
The main problems are laid out in a matter-of-fact way, including the introductory quote of this blog post, which is found on page 2 of the Roadmap.
The Roadmap then presents the objectives of the Innovation Union initiative, the expected impacts of the European plan for research and innovation, evaluations of previous policies and accomplished impact assessment work, as well as plans for further impact assessment work.
The Roadmap is detailed and full of references to sources, in short, an excellent introduction to the state of research and innovation in Europe, and the need for energetic action.
Ralf Grahn
Thursday, 7 January 2010
Research tool: EU media policies inventory
During the build-up of the European Digital Agenda, we want to spread the word about a research tool with special relevance for media.
The role of media is crucial in the information society or knowledge society, spanning most policy areas. Thus, at EU level so many of the Commission services (DGs) are engaged in policies affecting the media and so many policy initiatives are ongoing that it would be hard work to gain an overview without the help of the interdisciplinary Media Task Force.
The Commission’s Media Task Force publishes a synthetic compilation of the active dossiers in the various Commission services:
Inventory of measures affecting the media (December 2009; 46 pages)
The initiatives have been grouped according to the following policy headings:
1. Audiovisual and media policies
2. Communications policy
3. i2010
4. Research
5. Other policy files with potential media impact
6. Reference – Lisbon strategy, impact assessment
The updated inventory is a valuable tool for further research into specific policy areas and individual proposals.
Ralf Grahn
P.S. Jason O’Mahony is a European blogger from Ireland, combining the universal gospel of humour with irreverent observations on politics Irish and European. His blog is listed among the nearly 500 great euroblogs on multilingual Bloggingportal.eu, a useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, policies, economics, finance and law.
The role of media is crucial in the information society or knowledge society, spanning most policy areas. Thus, at EU level so many of the Commission services (DGs) are engaged in policies affecting the media and so many policy initiatives are ongoing that it would be hard work to gain an overview without the help of the interdisciplinary Media Task Force.
The Commission’s Media Task Force publishes a synthetic compilation of the active dossiers in the various Commission services:
Inventory of measures affecting the media (December 2009; 46 pages)
The initiatives have been grouped according to the following policy headings:
1. Audiovisual and media policies
2. Communications policy
3. i2010
4. Research
5. Other policy files with potential media impact
6. Reference – Lisbon strategy, impact assessment
The updated inventory is a valuable tool for further research into specific policy areas and individual proposals.
Ralf Grahn
P.S. Jason O’Mahony is a European blogger from Ireland, combining the universal gospel of humour with irreverent observations on politics Irish and European. His blog is listed among the nearly 500 great euroblogs on multilingual Bloggingportal.eu, a useful one-stop-shop for fact, opinion and gossip on European affairs, i.a. politics, policies, economics, finance and law.
Monday, 15 June 2009
European Union Legal Materials (Columbia Law School)
Students of politics, law or economics need guidance on how to access material about the European Union as soon as they have to write or present something on their own.
One of the guides on offer is the Columbia Law School’s Arthur W. Diamond Law Library Research Guide: European Union Legal Materials, written by Duncan Alford and updated by Karin Johnsrud (latest update 30 January 2008).
Here are a few comments based on a cursory reading of the Research Guide on the resources:
• Under Brief overview, the words and the acronym for the European Coal and Steel Community (ECSC) are presented in inverted order.
• The pillar structure has evolved, with justice and home affairs (JHA) migrating to the first (Community pillar), with the exception of police and judicial cooperation in criminal matters, which remain within the intergovernmental third pillar.
• Enlargement: There may be better definitions than mine, but since the big EU enlargement 2004 and 2007 I have tended to use the term Central Europe for the new member states (sometimes including historic ‘Mitteleuropa’ Germany and Austria), while leaving Eastern Europe for the countries between the EU and Russia. – But I am glad for comments and reasons.
• The enlargement process needs an update. Fresh information is available on the Commission’s website.
• Euro currency: There are now 16 Eurozone countries, with Slovakia the latest entrant. Sweden has no opt-out, but is de facto outside the Eurozone. I would recommend the web pages of the European Central Bank (ECB) for information to the general public (brochures etc.) and for serious information about the euro area.
• Constitution: The guide is in need of an update for the time since the ratification processes of the Constitutional Treaty petered out. This includes the 2007 intergovernmental conference, the December 2007 Treaty of Lisbon, the consolidated version of the Lisbon Treaty (May 2008) and the state of the ratification processes.
• European Council and Council: Although the European Council (heads of state and government) would formally become an EU institution through the Treaty of Lisbon, it would be natural to admit its leadership role and treat it in tandem with the Council of the European Union.
• European Parliament: The EP has 736 directly elected members under the modified Treaty of Nice, still in force. The latest elections were held on 4 to 7 June 2009. The EP has powers to amend (not only approve; co-decision) legislative proposals, and if the Treaty of Lisbon enters into force, these powers would increase.
• European Council: See above. Heads of state (in practice Presidents, since Kings or Queens are nominal heads of state) or government (Prime Ministers) currently meet four times each year, but extraordinary meetings can be convened.
• European Court of Justice: The Civil Service Tribunal could be mentioned for staff cases.
• Committee of the Regions, Economic and Social Committee: The current membership is 344.
• Treaties: The most convenient link would be to the Treaties web page of Eur-Lex, with the consolidated version (2006) of the current treaties, including an Annex with the modifications through the 2007 accession of Bulgaria and Romania; the consolidated version of the Treaty of Lisbon (May 2008) as well as a selection of earlier treaties and accession treaties. – Generally, the improved Eur-Lex portal could be underlined as the primary source for EU law.
• Pre-Lex and the legislative Observatory could have been highlighted more as primary tools for following legislative procedures.
• The Eur-Lex Preparatory acts and the new Directory of Community legislation in preparation are worth mentioning.
• MEPs: The number of MEPs is 736, but grows if the Lisbon Treaty enters into force.
• Languages: Irish (Gaelic) has been added.
***
Conclusions
I scanned the contents and tested some of the links on offer, without rigorous checking.
The Columbia Research Guide: European Union Legal Materials is still a useful tool for the budding researcher, but an update of the contents and the links would be in order.
Personally, I would structure the materials around the general Europa portal and the legal Eur-Lex portal (starting from the index page). [I did not look into the print resources, the library’s collections or the commercial databases.]
Ralf Grahn
One of the guides on offer is the Columbia Law School’s Arthur W. Diamond Law Library Research Guide: European Union Legal Materials, written by Duncan Alford and updated by Karin Johnsrud (latest update 30 January 2008).
Here are a few comments based on a cursory reading of the Research Guide on the resources:
• Under Brief overview, the words and the acronym for the European Coal and Steel Community (ECSC) are presented in inverted order.
• The pillar structure has evolved, with justice and home affairs (JHA) migrating to the first (Community pillar), with the exception of police and judicial cooperation in criminal matters, which remain within the intergovernmental third pillar.
• Enlargement: There may be better definitions than mine, but since the big EU enlargement 2004 and 2007 I have tended to use the term Central Europe for the new member states (sometimes including historic ‘Mitteleuropa’ Germany and Austria), while leaving Eastern Europe for the countries between the EU and Russia. – But I am glad for comments and reasons.
• The enlargement process needs an update. Fresh information is available on the Commission’s website.
• Euro currency: There are now 16 Eurozone countries, with Slovakia the latest entrant. Sweden has no opt-out, but is de facto outside the Eurozone. I would recommend the web pages of the European Central Bank (ECB) for information to the general public (brochures etc.) and for serious information about the euro area.
• Constitution: The guide is in need of an update for the time since the ratification processes of the Constitutional Treaty petered out. This includes the 2007 intergovernmental conference, the December 2007 Treaty of Lisbon, the consolidated version of the Lisbon Treaty (May 2008) and the state of the ratification processes.
• European Council and Council: Although the European Council (heads of state and government) would formally become an EU institution through the Treaty of Lisbon, it would be natural to admit its leadership role and treat it in tandem with the Council of the European Union.
• European Parliament: The EP has 736 directly elected members under the modified Treaty of Nice, still in force. The latest elections were held on 4 to 7 June 2009. The EP has powers to amend (not only approve; co-decision) legislative proposals, and if the Treaty of Lisbon enters into force, these powers would increase.
• European Council: See above. Heads of state (in practice Presidents, since Kings or Queens are nominal heads of state) or government (Prime Ministers) currently meet four times each year, but extraordinary meetings can be convened.
• European Court of Justice: The Civil Service Tribunal could be mentioned for staff cases.
• Committee of the Regions, Economic and Social Committee: The current membership is 344.
• Treaties: The most convenient link would be to the Treaties web page of Eur-Lex, with the consolidated version (2006) of the current treaties, including an Annex with the modifications through the 2007 accession of Bulgaria and Romania; the consolidated version of the Treaty of Lisbon (May 2008) as well as a selection of earlier treaties and accession treaties. – Generally, the improved Eur-Lex portal could be underlined as the primary source for EU law.
• Pre-Lex and the legislative Observatory could have been highlighted more as primary tools for following legislative procedures.
• The Eur-Lex Preparatory acts and the new Directory of Community legislation in preparation are worth mentioning.
• MEPs: The number of MEPs is 736, but grows if the Lisbon Treaty enters into force.
• Languages: Irish (Gaelic) has been added.
***
Conclusions
I scanned the contents and tested some of the links on offer, without rigorous checking.
The Columbia Research Guide: European Union Legal Materials is still a useful tool for the budding researcher, but an update of the contents and the links would be in order.
Personally, I would structure the materials around the general Europa portal and the legal Eur-Lex portal (starting from the index page). [I did not look into the print resources, the library’s collections or the commercial databases.]
Ralf Grahn
Monday, 12 January 2009
EU Law: Commission Annual RTD Report
Annually – although not at the beginning of each year – the Commission presents a report on research and technological development (RTD) activities to the European Parliament and to the Council.
Reports such as this can sound boring, but to students and other interested persons they are valuable resources. These reports offer both quick overviews and distilled knowledge about the policy area in question.
So, if research, technological development, innovation, the FP7 or the like is up your alley, read on.
***
Article 173 TEC
Article 173 (ex Article 130p) of the current Treaty establishing the European Community (TEC) contains an obligation for the Commission to report on research and technological development (RTD) activities and dissemination of results during the previous year. The report shall include the work programme for the current year.
This report is supposed to be sent at the beginning of each year, to the European Parliament and the Council.
Here is Article 173 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123:
Article 173 TEC
At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
***
Original Lisbon Treaty (ToL)
Article 2, point 142 inserted a new Article 172a and point 143 amended Article 174 (OJEU 17.12.2007 C 306/86–87).
No specific amendment concerned Article 173 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
(As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 173 TEC first became Article 173 TFEU (ToL), but was then renumbered Article 190 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 190 TFEU
The Article was renumbered, but apart from that it is one of the fairly rare instance of a provision where not a single word is changed. Article 190 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 190
(ex Article 173 TEC)
At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
***
Annual report
The beginning of the year must be given a liberal interpretation and, perhaps, be seen as unrealistic with regard to gathering and processing the data necessary for a meaningful retrospective report. Anyway, the latest annual RTD report based on Article 173 TEC was published 18 August 2008.
The latest Report from the Commission Annual Report on research and technological development activities of the European Union in 2007 (Brussels, 18.8.2008 COM(2008) 519 final), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0519:FIN:EN:PDF
The eleven pages of Annual Report are a useful summary of policy initiatives concerning the European Research Area (ERA) and the first year of implementation of the Seventh Framework Programme for Research and Technological Development (FP7) as well as key findings on funding etc.
The Annual RTD Report was accompanied by a Staff Working Document:
Commission Staff Working Document Accompanying the Report from the Commission Annual Report on research and technological development activities of the European Union in 2007 (Brussels, 18.8.2008 SEC(2008) 2380 final). The 121 pages present a more detailed picture of individual research programmes and activities:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2380:FIN:EN:PDF
In the European Parliament the Industry, Research and Energy Committee is responsible for the evaluation. The Council reference to the documents is number 12554/08. No indications of follow-up have been indicated to date.
Ralf Grahn
Reports such as this can sound boring, but to students and other interested persons they are valuable resources. These reports offer both quick overviews and distilled knowledge about the policy area in question.
So, if research, technological development, innovation, the FP7 or the like is up your alley, read on.
***
Article 173 TEC
Article 173 (ex Article 130p) of the current Treaty establishing the European Community (TEC) contains an obligation for the Commission to report on research and technological development (RTD) activities and dissemination of results during the previous year. The report shall include the work programme for the current year.
This report is supposed to be sent at the beginning of each year, to the European Parliament and the Council.
Here is Article 173 TEC, as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123:
Article 173 TEC
At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
***
Original Lisbon Treaty (ToL)
Article 2, point 142 inserted a new Article 172a and point 143 amended Article 174 (OJEU 17.12.2007 C 306/86–87).
No specific amendment concerned Article 173 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
(As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 173 TEC first became Article 173 TFEU (ToL), but was then renumbered Article 190 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 190 TFEU
The Article was renumbered, but apart from that it is one of the fairly rare instance of a provision where not a single word is changed. Article 190 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/132):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 190
(ex Article 173 TEC)
At the beginning of each year the Commission shall send a report to the European Parliament and to the Council. The report shall include information on research and technological development activities and the dissemination of results during the previous year, and the work programme for the current year.
***
Annual report
The beginning of the year must be given a liberal interpretation and, perhaps, be seen as unrealistic with regard to gathering and processing the data necessary for a meaningful retrospective report. Anyway, the latest annual RTD report based on Article 173 TEC was published 18 August 2008.
The latest Report from the Commission Annual Report on research and technological development activities of the European Union in 2007 (Brussels, 18.8.2008 COM(2008) 519 final), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0519:FIN:EN:PDF
The eleven pages of Annual Report are a useful summary of policy initiatives concerning the European Research Area (ERA) and the first year of implementation of the Seventh Framework Programme for Research and Technological Development (FP7) as well as key findings on funding etc.
The Annual RTD Report was accompanied by a Staff Working Document:
Commission Staff Working Document Accompanying the Report from the Commission Annual Report on research and technological development activities of the European Union in 2007 (Brussels, 18.8.2008 SEC(2008) 2380 final). The 121 pages present a more detailed picture of individual research programmes and activities:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=SEC:2008:2380:FIN:EN:PDF
In the European Parliament the Industry, Research and Energy Committee is responsible for the evaluation. The Council reference to the documents is number 12554/08. No indications of follow-up have been indicated to date.
Ralf Grahn
Sunday, 11 January 2009
EU Law: European space policy
Earlier we noted that the Lisbon Treaty added ’space’ to the Title on research and technological development. Now we turn to the new provision on European space policy.
***
TEC
The current Treaty establishing the European Community (TEC) has no separate Article on space policy, which is included in the research and technological development policy. Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
***
European Convention
The European Convention proposed a new provision on space policy in Article III-155 of the draft Treaty establishing a Constitution for Europe (OJEU 18.7.2003 C 169/57):
Article III-155 Draft Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
***
Constitutional Treaty
The intergovernmental conference took over the Convention’s proposal and added a third paragraph on the relations with the European Space Agency (ESA), OJEU 16.12.2004 C 310:
Article III-254 Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
3. The Union shall establish any appropriate relations with the European Space Agency.
***
Original Lisbon Treaty (ToL)
Article 2, point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
SPACE
142) The following new Article 172a shall be inserted:
‘Article 172a
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.’.
***
Differences
In comparison with the Constitutional Treaty, the Treaty of Lisbon made the following changes:
Paragraph 2 added mentions on the ordinary legislative procedure and the exclusion of harmonisation of the member states’ laws and regulations.
Paragraph 4 was an addition.
***
Renumbering the Treaty of Lisbon (ToL)
As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.
The new Article 172a or Article 172bis TFEU (ToL) was renumbered Article 189 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 189 TFEU
The new Article was renumbered. Article 189 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131–132):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 189 TFEU
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.
***
Summary of legislation
The Commission’s Scadplus page with a summary European space policy (last update 17 July 2006) is available here:
http://europa.eu/scadplus/leg/en/lvb/i23020.htm
A European space policy is a more or less similar web page, with differences mainly in details, but it includes a link to the Resolution on the European space policy of 22 May 2007 (web page last updated 25 May 2007):
http://europa.eu/scadplus/leg/en/lvb/l33242.htm
***
Commission space activities
News, activities and background on European space policy can be accessed through the Commission’s DG Enterprise and Industry web pages European Space Policy:
http://ec.europa.eu/enterprise/space/index_en.html
There are links to information about GMES, Galileo, Sapce Research and Development (FP7), the European Space Agency ESA, Key documents, News. Events, Publications etc.
***
Council resolution
To know how far the member states are on board (the spacecraft), you can look at the latest Council Resolution.
The 5th Space Council or more ordinarily the Competitiveness Council Resolution ‘Taking forward the European Space Policy’ from 25 to 26 September 2008 (Council document 13569/08), is available here:
http://register.consilium.europa.eu/pdf/en/08/st13/st13569.en08.pdf
***
European Space Agency
European space policy would be unthinkable without the European Space Agency. ESA has a portal with information about many aspects of its work:
http://www.esa.int/esaCP/index.html
For the legally minded: The Convention for the establishment of a European Space Agency, signed 30 May 1975, entered into force on 30 October 1980. The ESA Convention is available here:
http://www.esa.int/esapub/sp/sp1300/sp1300EN1.pdf
Ralf Grahn
***
TEC
The current Treaty establishing the European Community (TEC) has no separate Article on space policy, which is included in the research and technological development policy. Cf. the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E.
***
European Convention
The European Convention proposed a new provision on space policy in Article III-155 of the draft Treaty establishing a Constitution for Europe (OJEU 18.7.2003 C 169/57):
Article III-155 Draft Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
***
Constitutional Treaty
The intergovernmental conference took over the Convention’s proposal and added a third paragraph on the relations with the European Space Agency (ESA), OJEU 16.12.2004 C 310:
Article III-254 Constitution
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, European laws or framework laws shall establish the necessary measures, which may take the form of a European space programme.
3. The Union shall establish any appropriate relations with the European Space Agency.
***
Original Lisbon Treaty (ToL)
Article 2, point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
SPACE
142) The following new Article 172a shall be inserted:
‘Article 172a
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.’.
***
Differences
In comparison with the Constitutional Treaty, the Treaty of Lisbon made the following changes:
Paragraph 2 added mentions on the ordinary legislative procedure and the exclusion of harmonisation of the member states’ laws and regulations.
Paragraph 4 was an addition.
***
Renumbering the Treaty of Lisbon (ToL)
As we have noted earlier, the Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.
The new Article 172a or Article 172bis TFEU (ToL) was renumbered Article 189 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 189 TFEU
The new Article was renumbered. Article 189 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131–132):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 189 TFEU
1. To promote scientific and technical progress, industrial competitiveness and the implementation of its policies, the Union shall draw up a European space policy. To this end, it may promote joint initiatives, support research and technological development and coordinate the efforts needed for the exploration and exploitation of space.
2. To contribute to attaining the objectives referred to in paragraph 1, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure, shall establish the necessary measures, which may take the form of a European space programme, excluding any harmonisation of the laws and regulations of the Member States.
3. The Union shall establish any appropriate relations with the European Space Agency.
4. This Article shall be without prejudice to the other provisions of this Title.
***
Summary of legislation
The Commission’s Scadplus page with a summary European space policy (last update 17 July 2006) is available here:
http://europa.eu/scadplus/leg/en/lvb/i23020.htm
A European space policy is a more or less similar web page, with differences mainly in details, but it includes a link to the Resolution on the European space policy of 22 May 2007 (web page last updated 25 May 2007):
http://europa.eu/scadplus/leg/en/lvb/l33242.htm
***
Commission space activities
News, activities and background on European space policy can be accessed through the Commission’s DG Enterprise and Industry web pages European Space Policy:
http://ec.europa.eu/enterprise/space/index_en.html
There are links to information about GMES, Galileo, Sapce Research and Development (FP7), the European Space Agency ESA, Key documents, News. Events, Publications etc.
***
Council resolution
To know how far the member states are on board (the spacecraft), you can look at the latest Council Resolution.
The 5th Space Council or more ordinarily the Competitiveness Council Resolution ‘Taking forward the European Space Policy’ from 25 to 26 September 2008 (Council document 13569/08), is available here:
http://register.consilium.europa.eu/pdf/en/08/st13/st13569.en08.pdf
***
European Space Agency
European space policy would be unthinkable without the European Space Agency. ESA has a portal with information about many aspects of its work:
http://www.esa.int/esaCP/index.html
For the legally minded: The Convention for the establishment of a European Space Agency, signed 30 May 1975, entered into force on 30 October 1980. The ESA Convention is available here:
http://www.esa.int/esapub/sp/sp1300/sp1300EN1.pdf
Ralf Grahn
Saturday, 10 January 2009
EU Law: Legislating research
In this post we look at European Community (European Union) procedures to adopt the acts for European research and technological development.
We recapitulate legal acts in force and point to proposals aiming at developing research infrastructures by new means.
***
Article 172 TEC
Article 172 (ex Article 130o) of the Treaty establishing the European Community (TEC) sets out the procedures for some of the acts concerning research and technological development.
Paragraph 1 refers to the joint undertakings (Joint Technology Initiatives, JTIs) or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes, mentioned in Article 171.
The Commission proposes, the Economic and Social Committee (ESC) is consulted, the European Parliament is merely consulted, and the Council adopts the provisions by qualified majority.
The second paragraph relates to the implementing rules for the participation in the multiannual framework programme and the dissemination of research results (Article 167), supplementary research programmes, especially dissemination of knowledge and access by other member states (Article 168) and participation in research and development programmes undertaken by several member states (Article 169).
The Economic and Social Committee is consulted, and the co-decision procedure applies. The supplementary programmes must be approved by the member states concerned.
Outside the scope of Article 172 TEC are the following: The multiannual framework programme itself, adopted by co-decision according to Article 166(1), the specific programmes adopted by the Council by a qualified majority on a proposal from the Commission and after consulting the European Parliament, pursuant to Article 166(4) and international agreements (with third countries or international organisations; Article 170).
The current Article 172 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 172 TEC
The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 171.
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 167, 168 and 169. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC and point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
In other words, Article 172 TEC underwent no specific amendment.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 172 TEC initially became Article 172 TFEU (ToL) before the renumbering of the treaty made it into Article 188 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 188 TFEU
The legislative procedures remain the same, although the first paragraph no longer refers to qualified majority voting and the second paragraph uses the name ordinary legislative procedure (horizontal amendments). The Article was renumbered as were the provisions referred to. Article 188 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 188 TFEU
(ex Article 172 TEC)
The Council, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 187.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 183, 184 and 185. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.
***
Joint undertakings and other research structures
Here are some proposals and legislative acts pertaining to Article 172(1) TEC on joint undertakings and other structures.
Research infrastructures proposal
The Commission has made the Proposal for a Council Regulation on the Community legal framework for a European Research Infrastructure (ERI), Brussels, 25.7.2008 COM(2008) 467 final.
In the Commission’s view, the legal framework for a European Research Infrastructure is designed to facilitate the joint establishment and operation of research facilities of European interest between several Member States and countries associated to the Community R&D Framework Programme. It is being developed in response to requests from the Member States and the scientific community, because the available national and international legal forms are not fully adequate.
The legal base of the Regulation would be Article 171 TEC. The proposed Article 1 of the Regulation presents the intended scope:
Article 1
Subject-matter and scope
1. This Regulation establishes a framework laying down the requirements and procedures for and the effects of setting up a European Research Infrastructure (hereinafter referred to as "ERI").
2. It shall apply to research infrastructures of pan-European interest.
The Commission’s ERI proposal is available here:
http://ec.europa.eu/research/press/2008/pdf/com_2008_467_en.pdf
***
Joint Technology Initiatives (JTIs)
One of the concepts in the area of joint undertakings is Joint Technology Initiatives (JTIs), with the following description given on one of the Commission’s web pages:
JTIs aim to achieve greater strategic focus by supporting common ambitious research agendas in areas that are crucial for competitiveness and growth, assembling and coordinating at European level a critical mass of research. They therefore draw on all sources of R&D investment - public or private - and couple research tightly to innovation.
Source: Joint Technology Initiatives (web page):
http://ec.europa.eu/information_society/tl/research/priv_invest/jti/index_en.htm
Cordis offers more comprehensive information about Joint Technology Initiatives, under the Seventh Research Framework Programme (FP7), and subtitled Public-Private Partnerships in EU Research:
http://cordis.europa.eu/fp7/jtis/
***
Galileo
The first European Community joint research undertaking set up pursuant to Article 171 TEC, was Galileo.
Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking
(originally published OJ 28.5.2002 L 138/1). The consolidated Regulation is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R0876:20061222:EN:PDF
***
New joint undertakings
Since the beginning of the Seventh Framework Programme for Research and Technological Development (FP7) the establishment of new joint undertakings has boomed as a promising sign of intensifying EU research efforts.
Clean Sky Joint Undertaking
Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking, published OJEU 4.2.2008 L 30/1 (but later corrigenda), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0001:0020:EN:PDF
Introducing the concept Joint Technology Initiative (JTI), the Regulation sets up a joint undertaking within the meaning of Article 171 TEC:
Article 1
Setting up of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative on Clean Sky, a Joint Undertaking within the meaning of Article 171 of the Treaty is hereby set up for the period up to 31 December 2017 (hereinafter referred to as the Clean Sky Joint Undertaking).
2. Its seat shall be located in Brussels, Belgium.
***
ENIAC
Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking, originally published OJEU 4.2.2008 L 30/21. The consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0072:20080207:EN:PDF
The joint undertaking was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ENIAC Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the ENIAC Joint Undertaking shall be located in Brussels, Belgium.
***
IMI
Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, published OJEU 4.2.2008 L 30/38, is accessible here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0038:0051:EN:PDF
The IMI Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. A Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines is hereby set up for a period up to 31 December 2017 (hereinafter referred to as IMI Joint Undertaking).
2. The seat of the IMI Joint Undertaking shall be located in Brussels, Belgium.
***
ARTEMIS
Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems, originally published =JEU4.2.2008 L 30/52, but the consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0074:20080207:EN:PDF
The Artemis Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty, hereinafter referred to as the ‘ARTEMIS Joint Undertaking’, is hereby set up for a period up to 31 December 2017.
2. The seat of the ARTEMIS Joint Undertaking shall be located in Brussels, Belgium.
***
Fuel Cells and Hydrogen (FCH)
Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking, published OJEU 12.6.2008 L 153/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:153:0001:0020:EN:PDF
The Fuel Cells and Hydrogen Joint Undertaking Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment
1. For the implementation of the Joint Technology Initiative (hereinafter referred to as JTI) on Fuel Cells and Hydrogen, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter referred to as the FCH Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the FCH Joint Undertaking shall be located in Brussels, Belgium.
***
Implementation, supplementary and participation
Here we look at some of the legal acts adopted according to the second paragraph of Article 172 TEC: implementing rules for the participation in the multiannual framework programme and the dissemination of research results (Article 167), supplementary research programmes, especially dissemination of knowledge and access by other member states (Article 168) and participation in research and development programmes undertaken by several member states (Article 169).
Rules for participation and dissemination
The rules for participation mentioned in the first indent and for dissemination of research results mentioned in the second indent of Article 167 TEC (and Article 183 TFEU) are set out in Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013), published OJEU 30.12.2006 L 391/1, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:391:0001:0018:EN:PDF
***
Supplementary research programmes
In an earlier post we found supplementary programmes mentioned as an option for the future.
***
Participation (joint implementation)
CORDIS (the Community Research and Development Information Service) has established a portal dedicated to Article 169 initiatives:
http://cordis.europa.eu/fp7/art169/home_en.html
The web pages seem to contain ‘everything’ you need to know about joint implementation.
Ralf Grahn
We recapitulate legal acts in force and point to proposals aiming at developing research infrastructures by new means.
***
Article 172 TEC
Article 172 (ex Article 130o) of the Treaty establishing the European Community (TEC) sets out the procedures for some of the acts concerning research and technological development.
Paragraph 1 refers to the joint undertakings (Joint Technology Initiatives, JTIs) or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes, mentioned in Article 171.
The Commission proposes, the Economic and Social Committee (ESC) is consulted, the European Parliament is merely consulted, and the Council adopts the provisions by qualified majority.
The second paragraph relates to the implementing rules for the participation in the multiannual framework programme and the dissemination of research results (Article 167), supplementary research programmes, especially dissemination of knowledge and access by other member states (Article 168) and participation in research and development programmes undertaken by several member states (Article 169).
The Economic and Social Committee is consulted, and the co-decision procedure applies. The supplementary programmes must be approved by the member states concerned.
Outside the scope of Article 172 TEC are the following: The multiannual framework programme itself, adopted by co-decision according to Article 166(1), the specific programmes adopted by the Council by a qualified majority on a proposal from the Commission and after consulting the European Parliament, pursuant to Article 166(4) and international agreements (with third countries or international organisations; Article 170).
The current Article 172 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/123:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 172 TEC
The Council, acting by qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 171.
The Council, acting in accordance with the procedure referred to in Article 251 and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 167, 168 and 169. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC and point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
In other words, Article 172 TEC underwent no specific amendment.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 172 TEC initially became Article 172 TFEU (ToL) before the renumbering of the treaty made it into Article 188 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 188 TFEU
The legislative procedures remain the same, although the first paragraph no longer refers to qualified majority voting and the second paragraph uses the name ordinary legislative procedure (horizontal amendments). The Article was renumbered as were the provisions referred to. Article 188 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 188 TFEU
(ex Article 172 TEC)
The Council, on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the provisions referred to in Article 187.
The European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall adopt the provisions referred to in Articles 183, 184 and 185. Adoption of the supplementary programmes shall require the agreement of the Member States concerned.
***
Joint undertakings and other research structures
Here are some proposals and legislative acts pertaining to Article 172(1) TEC on joint undertakings and other structures.
Research infrastructures proposal
The Commission has made the Proposal for a Council Regulation on the Community legal framework for a European Research Infrastructure (ERI), Brussels, 25.7.2008 COM(2008) 467 final.
In the Commission’s view, the legal framework for a European Research Infrastructure is designed to facilitate the joint establishment and operation of research facilities of European interest between several Member States and countries associated to the Community R&D Framework Programme. It is being developed in response to requests from the Member States and the scientific community, because the available national and international legal forms are not fully adequate.
The legal base of the Regulation would be Article 171 TEC. The proposed Article 1 of the Regulation presents the intended scope:
Article 1
Subject-matter and scope
1. This Regulation establishes a framework laying down the requirements and procedures for and the effects of setting up a European Research Infrastructure (hereinafter referred to as "ERI").
2. It shall apply to research infrastructures of pan-European interest.
The Commission’s ERI proposal is available here:
http://ec.europa.eu/research/press/2008/pdf/com_2008_467_en.pdf
***
Joint Technology Initiatives (JTIs)
One of the concepts in the area of joint undertakings is Joint Technology Initiatives (JTIs), with the following description given on one of the Commission’s web pages:
JTIs aim to achieve greater strategic focus by supporting common ambitious research agendas in areas that are crucial for competitiveness and growth, assembling and coordinating at European level a critical mass of research. They therefore draw on all sources of R&D investment - public or private - and couple research tightly to innovation.
Source: Joint Technology Initiatives (web page):
http://ec.europa.eu/information_society/tl/research/priv_invest/jti/index_en.htm
Cordis offers more comprehensive information about Joint Technology Initiatives, under the Seventh Research Framework Programme (FP7), and subtitled Public-Private Partnerships in EU Research:
http://cordis.europa.eu/fp7/jtis/
***
Galileo
The first European Community joint research undertaking set up pursuant to Article 171 TEC, was Galileo.
Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking
(originally published OJ 28.5.2002 L 138/1). The consolidated Regulation is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R0876:20061222:EN:PDF
***
New joint undertakings
Since the beginning of the Seventh Framework Programme for Research and Technological Development (FP7) the establishment of new joint undertakings has boomed as a promising sign of intensifying EU research efforts.
Clean Sky Joint Undertaking
Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking, published OJEU 4.2.2008 L 30/1 (but later corrigenda), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0001:0020:EN:PDF
Introducing the concept Joint Technology Initiative (JTI), the Regulation sets up a joint undertaking within the meaning of Article 171 TEC:
Article 1
Setting up of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative on Clean Sky, a Joint Undertaking within the meaning of Article 171 of the Treaty is hereby set up for the period up to 31 December 2017 (hereinafter referred to as the Clean Sky Joint Undertaking).
2. Its seat shall be located in Brussels, Belgium.
***
ENIAC
Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking, originally published OJEU 4.2.2008 L 30/21. The consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0072:20080207:EN:PDF
The joint undertaking was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ENIAC Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the ENIAC Joint Undertaking shall be located in Brussels, Belgium.
***
IMI
Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, published OJEU 4.2.2008 L 30/38, is accessible here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0038:0051:EN:PDF
The IMI Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. A Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines is hereby set up for a period up to 31 December 2017 (hereinafter referred to as IMI Joint Undertaking).
2. The seat of the IMI Joint Undertaking shall be located in Brussels, Belgium.
***
ARTEMIS
Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems, originally published =JEU4.2.2008 L 30/52, but the consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0074:20080207:EN:PDF
The Artemis Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty, hereinafter referred to as the ‘ARTEMIS Joint Undertaking’, is hereby set up for a period up to 31 December 2017.
2. The seat of the ARTEMIS Joint Undertaking shall be located in Brussels, Belgium.
***
Fuel Cells and Hydrogen (FCH)
Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking, published OJEU 12.6.2008 L 153/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:153:0001:0020:EN:PDF
The Fuel Cells and Hydrogen Joint Undertaking Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment
1. For the implementation of the Joint Technology Initiative (hereinafter referred to as JTI) on Fuel Cells and Hydrogen, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter referred to as the FCH Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the FCH Joint Undertaking shall be located in Brussels, Belgium.
***
Implementation, supplementary and participation
Here we look at some of the legal acts adopted according to the second paragraph of Article 172 TEC: implementing rules for the participation in the multiannual framework programme and the dissemination of research results (Article 167), supplementary research programmes, especially dissemination of knowledge and access by other member states (Article 168) and participation in research and development programmes undertaken by several member states (Article 169).
Rules for participation and dissemination
The rules for participation mentioned in the first indent and for dissemination of research results mentioned in the second indent of Article 167 TEC (and Article 183 TFEU) are set out in Regulation (EC) No 1906/2006 of the European Parliament and of the Council of 18 December 2006 laying down the rules for the participation of undertakings, research centres and universities in actions under the Seventh Framework Programme and for the dissemination of research results (2007-2013), published OJEU 30.12.2006 L 391/1, available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:391:0001:0018:EN:PDF
***
Supplementary research programmes
In an earlier post we found supplementary programmes mentioned as an option for the future.
***
Participation (joint implementation)
CORDIS (the Community Research and Development Information Service) has established a portal dedicated to Article 169 initiatives:
http://cordis.europa.eu/fp7/art169/home_en.html
The web pages seem to contain ‘everything’ you need to know about joint implementation.
Ralf Grahn
Friday, 9 January 2009
EU Law: Joint research undertakings
The current Treaty establishing the European Community (TEC) offers the flexible opportunity to set up joint undertakings or any other structure necessary for the efficient execution of European Community (European Union) research, technological development and demonstration programmes.
After a slow start, five joint research undertakings, also known as Joint Technology Initiatives (JTIs), have been created since December 2007 under the Seventh Research Framework Programme (FP7).
***
Article 171 TEC
Article 171 (ex Article 130n) of the Treaty establishing the European Community (TEC) provides an option for the European Community to set up joint undertakings. The flexibility is increased further be the addition of any other structure.
These undertakings or structures must be necessary for the efficient execution of Community research, technological development and demonstration programmes.
This option is not directly linked to the current framework programme or restricted to its life-cycle, which means that permanent undertakings and structures are possible.
For a long time this treaty provision remained a dead letter, but with the development of EC (EU) research activities, it has come to increasing use (as we will see).
The current Article 171 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 171 TEC
The Community may set up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC and point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
In other words, Article 171 TEC underwent no specific amendment.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 171 TEC initially became Article 171 TFEU (ToL) before the renumbering of the treaty made it into Article 187 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 187 TFEU
The ‘Community’ was twice replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 187 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 187 TFEU
(ex Article 171 TEC)
The Union may set up joint undertakings or any other structure necessary for the efficient execution of Union research, technological development and demonstration programmes.
***
FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, includes a few references to Article 171 TEC. The FP7 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
***
Research infrastructures proposal
The Commission has made the Proposal for a Council Regulation on the Community legal framework for a European Research Infrastructure (ERI), Brussels, 25.7.2008 COM(2008) 467 final.
In the Commission’s view, the legal framework for a European Research Infrastructure is designed to facilitate the joint establishment and operation of research facilities of European interest between several Member States and countries associated to the Community R&D Framework Programme. It is being developed in response to requests from the Member States and the scientific community, because the available national and international legal forms are not fully adequate.
The legal base of the Regulation would be Article 171 TEC. The proposed Article 1 of the Regulation presents the intended scope:
Article 1
Subject-matter and scope
1. This Regulation establishes a framework laying down the requirements and procedures for and the effects of setting up a European Research Infrastructure (hereinafter referred to as "ERI").
2. It shall apply to research infrastructures of pan-European interest.
The Commission’s ERI proposal is available here:
http://ec.europa.eu/research/press/2008/pdf/com_2008_467_en.pdf
***
Joint Technology Initiatives (JTIs)
One of the concepts in the area of joint undertakings is Joint Technology Initiatives (JTIs), with the following description given on one of the Commission’s web pages:
JTIs aim to achieve greater strategic focus by supporting common ambitious research agendas in areas that are crucial for competitiveness and growth, assembling and coordinating at European level a critical mass of research. They therefore draw on all sources of R&D investment - public or private - and couple research tightly to innovation.
Source: Joint Technology Initiatives (web page):
http://ec.europa.eu/information_society/tl/research/priv_invest/jti/index_en.htm
Cordis offers more comprehensive information about Joint Technology Initiatives, under the Seventh Research Framework Programme (FP7), and subtitled Public-Private Partnerships in EU Research:
http://cordis.europa.eu/fp7/jtis/
***
Galileo
The first European Community joint research undertaking set up pursuant to Article 171 TEC, was Galileo.
Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking
(originally published OJ 28.5.2002 L 138/1). The consolidated Regulation is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R0876:20061222:EN:PDF
***
New joint ventures
Since the beginning of the Seventh Framework Programme for Research and Technological Development (FP7) the establishment of new joint undertakings has boomed as a promising sign of intensifying EU research efforts.
Clean Sky Joint Undertaking
Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking, published OJEU 4.2.2008 L 30/1 (but later corrigenda), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0001:0020:EN:PDF
Introducing the concept Joint Technology Initiative (JTI), the Regulation sets up a joint undertaking within the meaning of Article 171 TEC:
Article 1
Setting up of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative on Clean Sky, a Joint Undertaking within the meaning of Article 171 of the Treaty is hereby set up for the period up to 31 December 2017 (hereinafter referred to as the Clean Sky Joint Undertaking).
2. Its seat shall be located in Brussels, Belgium.
***
ENIAC
Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking, originally published OJEU 4.2.2008 L 30/21. The consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0072:20080207:EN:PDF
The joint undertaking was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ENIAC Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the ENIAC Joint Undertaking shall be located in Brussels, Belgium.
***
IMI
Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, published OJEU 4.2.2008 L 30/38, is accessible here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0038:0051:EN:PDF
The IMI Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. A Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines is hereby set up for a period up to 31 December 2017 (hereinafter referred to as IMI Joint Undertaking).
2. The seat of the IMI Joint Undertaking shall be located in Brussels, Belgium.
***
ARTEMIS
Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems, originally published =JEU4.2.2008 L 30/52, but the consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0074:20080207:EN:PDF
The Artemis Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty, hereinafter referred to as the ‘ARTEMIS Joint Undertaking’, is hereby set up for a period up to 31 December 2017.
2. The seat of the ARTEMIS Joint Undertaking shall be located in Brussels, Belgium.
***
Fuel Cells and Hydrogen (FCH)
Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking, published OJEU 12.6.2008 L 153/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:153:0001:0020:EN:PDF
The Fuel Cells and Hydrogen Joint Undertaking Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment
1. For the implementation of the Joint Technology Initiative (hereinafter referred to as JTI) on Fuel Cells and Hydrogen, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter referred to as the FCH Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the FCH Joint Undertaking shall be located in Brussels, Belgium.
Ralf Grahn
After a slow start, five joint research undertakings, also known as Joint Technology Initiatives (JTIs), have been created since December 2007 under the Seventh Research Framework Programme (FP7).
***
Article 171 TEC
Article 171 (ex Article 130n) of the Treaty establishing the European Community (TEC) provides an option for the European Community to set up joint undertakings. The flexibility is increased further be the addition of any other structure.
These undertakings or structures must be necessary for the efficient execution of Community research, technological development and demonstration programmes.
This option is not directly linked to the current framework programme or restricted to its life-cycle, which means that permanent undertakings and structures are possible.
For a long time this treaty provision remained a dead letter, but with the development of EC (EU) research activities, it has come to increasing use (as we will see).
The current Article 171 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 171 TEC
The Community may set up joint undertakings or any other structure necessary for the efficient execution of Community research, technological development and demonstration programmes.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC and point 142 inserted a new Article 172a (OJEU 17.12.2007 C 306/86).
In other words, Article 171 TEC underwent no specific amendment.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 171 TEC initially became Article 171 TFEU (ToL) before the renumbering of the treaty made it into Article 187 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 187 TFEU
The ‘Community’ was twice replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 187 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 187 TFEU
(ex Article 171 TEC)
The Union may set up joint undertakings or any other structure necessary for the efficient execution of Union research, technological development and demonstration programmes.
***
FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, includes a few references to Article 171 TEC. The FP7 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
***
Research infrastructures proposal
The Commission has made the Proposal for a Council Regulation on the Community legal framework for a European Research Infrastructure (ERI), Brussels, 25.7.2008 COM(2008) 467 final.
In the Commission’s view, the legal framework for a European Research Infrastructure is designed to facilitate the joint establishment and operation of research facilities of European interest between several Member States and countries associated to the Community R&D Framework Programme. It is being developed in response to requests from the Member States and the scientific community, because the available national and international legal forms are not fully adequate.
The legal base of the Regulation would be Article 171 TEC. The proposed Article 1 of the Regulation presents the intended scope:
Article 1
Subject-matter and scope
1. This Regulation establishes a framework laying down the requirements and procedures for and the effects of setting up a European Research Infrastructure (hereinafter referred to as "ERI").
2. It shall apply to research infrastructures of pan-European interest.
The Commission’s ERI proposal is available here:
http://ec.europa.eu/research/press/2008/pdf/com_2008_467_en.pdf
***
Joint Technology Initiatives (JTIs)
One of the concepts in the area of joint undertakings is Joint Technology Initiatives (JTIs), with the following description given on one of the Commission’s web pages:
JTIs aim to achieve greater strategic focus by supporting common ambitious research agendas in areas that are crucial for competitiveness and growth, assembling and coordinating at European level a critical mass of research. They therefore draw on all sources of R&D investment - public or private - and couple research tightly to innovation.
Source: Joint Technology Initiatives (web page):
http://ec.europa.eu/information_society/tl/research/priv_invest/jti/index_en.htm
Cordis offers more comprehensive information about Joint Technology Initiatives, under the Seventh Research Framework Programme (FP7), and subtitled Public-Private Partnerships in EU Research:
http://cordis.europa.eu/fp7/jtis/
***
Galileo
The first European Community joint research undertaking set up pursuant to Article 171 TEC, was Galileo.
Council Regulation (EC) No 876/2002 of 21 May 2002 setting up the Galileo Joint Undertaking
(originally published OJ 28.5.2002 L 138/1). The consolidated Regulation is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2002R0876:20061222:EN:PDF
***
New joint ventures
Since the beginning of the Seventh Framework Programme for Research and Technological Development (FP7) the establishment of new joint undertakings has boomed as a promising sign of intensifying EU research efforts.
Clean Sky Joint Undertaking
Council Regulation (EC) No 71/2007 of 20 December 2007 setting up the Clean Sky Joint Undertaking, published OJEU 4.2.2008 L 30/1 (but later corrigenda), is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0001:0020:EN:PDF
Introducing the concept Joint Technology Initiative (JTI), the Regulation sets up a joint undertaking within the meaning of Article 171 TEC:
Article 1
Setting up of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative on Clean Sky, a Joint Undertaking within the meaning of Article 171 of the Treaty is hereby set up for the period up to 31 December 2017 (hereinafter referred to as the Clean Sky Joint Undertaking).
2. Its seat shall be located in Brussels, Belgium.
***
ENIAC
Council Regulation (EC) No 72/2008 of 20 December 2007 setting up the ENIAC Joint Undertaking, originally published OJEU 4.2.2008 L 30/21. The consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0072:20080207:EN:PDF
The joint undertaking was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (hereinafter JTI) on nanoelectronics, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter the ENIAC Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the ENIAC Joint Undertaking shall be located in Brussels, Belgium.
***
IMI
Council Regulation (EC) No 73/2008 of 20 December 2007 setting up the Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines, published OJEU 4.2.2008 L 30/38, is accessible here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:030:0038:0051:EN:PDF
The IMI Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. A Joint Undertaking for the implementation of the Joint Technology Initiative on Innovative Medicines is hereby set up for a period up to 31 December 2017 (hereinafter referred to as IMI Joint Undertaking).
2. The seat of the IMI Joint Undertaking shall be located in Brussels, Belgium.
***
ARTEMIS
Council Regulation (EC) No 74/2008 of 20 December 2007 on the establishment of the ‘ARTEMIS Joint Undertaking’ to implement a Joint Technology Initiative in Embedded Computing Systems, originally published =JEU4.2.2008 L 30/52, but the consolidated version is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=CONSLEG:2008R0074:20080207:EN:PDF
The Artemis Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment of a Joint Undertaking
1. For the implementation of the Joint Technology Initiative (JTI) on Embedded Computing Systems, a Joint Undertaking within the meaning of Article 171 of the Treaty, hereinafter referred to as the ‘ARTEMIS Joint Undertaking’, is hereby set up for a period up to 31 December 2017.
2. The seat of the ARTEMIS Joint Undertaking shall be located in Brussels, Belgium.
***
Fuel Cells and Hydrogen (FCH)
Council Regulation (EC) No 521/2008 of 30 May 2008 setting up the Fuel Cells and Hydrogen Joint Undertaking, published OJEU 12.6.2008 L 153/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:153:0001:0020:EN:PDF
The Fuel Cells and Hydrogen Joint Undertaking Regulation was based on Articles 171 and 172 TEC:
Article 1
Establishment
1. For the implementation of the Joint Technology Initiative (hereinafter referred to as JTI) on Fuel Cells and Hydrogen, a Joint Undertaking within the meaning of Article 171 of the Treaty (hereinafter referred to as the FCH Joint Undertaking) is hereby set up for a period up to 31 December 2017.
2. The seat of the FCH Joint Undertaking shall be located in Brussels, Belgium.
Ralf Grahn
Thursday, 8 January 2009
EU Law: International research cooperation
A further option offered by the current Treaty establishing the European Community (TEC) is research cooperation between the European Community (European Union) and third countries or international organisations.
This international cooperation is tied to the multiannual framework programme, currently the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.
After looking at the relevant treaty provisions, we offer some suggestions for further reading on the European Union’s efforts to promote international research cooperation.
***
Article 170 TEC
Article 170 (ex Article 130m) of the Treaty establishing the European Community (TEC) provides an option for the European Community to cooperate with third countries or international organisations when implementing the framework programme for research and technological development.
The cooperation is based on the framework programme, currently the Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.
The second paragraph of Article 170 TEC offers a second option (‘may’): international agreements between the EC (EU) and third countries or international organisations.
The paragraph refers to Article 300 TEC on negotiating and concluding international agreements.
The current Article 170 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 170 TEC
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 organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC (OJEU 17.12.2007 C 306/86):
141) In the second paragraph of Article 170, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 170 TEC initially became Article 170 TFEU (ToL) before the renumbering of the treaty made it into Article 186 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Deleted procedure
The Treaty of Lisbon deleted the reference to the Article 300 procedure for negotiating and concluding international agreements. This was in line with Article III-252(4) of the Constitutional Treaty.
***
Lisbon Treaty consolidated
Article 186 TFEU
The ‘Community’ was replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 186 TFEU dropped the reference to Article 300 TEC, and it appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 186 TFEU
(ex Article 170 TEC)
In implementing the multiannual framework programme the Union may make provision for cooperation in Union research, technological development and demonstration with third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Union and the third parties concerned.
***
FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
Recital 27 of the FP7 indicates the state of affairs and the efforts to strengthen international research cooperation:
(27) The Community has concluded a number of international agreements in the field of research and efforts should be made to strengthen international research cooperation with a view to reaping the full benefits of internationalisation of RTD, to contributing to the production of global public goods and to further integrating the Community into the world-wide research community.
***
Research Directorate-General
The Commission’s Directorate-General Research offers a gateway to International Cooperation here:
http://ec.europa.eu/research/iscp/index.cfm
A table of various agreements on research and technological development is accessible here:
http://ec.europa.eu/research/iscp/pdf/st_agreement_ec_euratom_en.pdf
The Commission staff working document A new approach to international scientific and technological co-operation in the 7th Research Framework Programme (2007-2013) and 7th Framework Programme of the European Atomic Energy Community (Euratom) (2007-2011), Bussels, 12.1.2007 SEC(2007)47, explains the objectives of the Commission to foster international research cooperation during the existing framework programmes:
http://ec.europa.eu/research/iscp/pdf/newapproach_en.pdf
The Commission has followed up with the recent forward looking Communication A strategic European framework for international science and technology cooperation, Brussels, 24 September 2008 COM (2008) 588 final:
http://ec.europa.eu/research/iscp/pdf/com_2008_588_en.pdf
This is how the Commission presents its view:
This Communication presents a strategic European framework for international cooperation in science and technology (S&T). It also covers the specific aspects of such cooperation in information and communication technologies (ICT).
By strengthening its research effort and facilitating the use of new technologies, Europe can respond more effectively and efficiently to the major challenges society is facing today. Deepening the European Research Area (ERA) through greater integration and cross-border coordination of research investments and activities will increase Europe's competitiveness and its attractiveness as a place to invest in research and innovation. Promoting European ICTs worldwide as a key driver of socio-economic growth will also contribute to the Growth and Jobs agenda1. Deepening the ERA should go hand in hand with widening it, through enhanced cooperation with international partners.
Ralf Grahn
This international cooperation is tied to the multiannual framework programme, currently the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.
After looking at the relevant treaty provisions, we offer some suggestions for further reading on the European Union’s efforts to promote international research cooperation.
***
Article 170 TEC
Article 170 (ex Article 130m) of the Treaty establishing the European Community (TEC) provides an option for the European Community to cooperate with third countries or international organisations when implementing the framework programme for research and technological development.
The cooperation is based on the framework programme, currently the Seventh Framework Programme for Research and Technological Development (FP7), running from 1 January 2007 to 31 December 2013.
The second paragraph of Article 170 TEC offers a second option (‘may’): international agreements between the EC (EU) and third countries or international organisations.
The paragraph refers to Article 300 TEC on negotiating and concluding international agreements.
The current Article 170 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 170 TEC
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 organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Community and the third parties concerned, which shall be negotiated and concluded in accordance with Article 300.
***
Original Lisbon Treaty (ToL)
Article 2, point 141 amended Article 170 TEC (OJEU 17.12.2007 C 306/86):
141) In the second paragraph of Article 170, the words ‘, which shall be negotiated and concluded in accordance with Article 300’ shall be deleted.
***
Renumbering the Treaty of Lisbon (ToL)
(The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.)
Article 170 TEC initially became Article 170 TFEU (ToL) before the renumbering of the treaty made it into Article 186 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Deleted procedure
The Treaty of Lisbon deleted the reference to the Article 300 procedure for negotiating and concluding international agreements. This was in line with Article III-252(4) of the Constitutional Treaty.
***
Lisbon Treaty consolidated
Article 186 TFEU
The ‘Community’ was replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 186 TFEU dropped the reference to Article 300 TEC, and it appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 186 TFEU
(ex Article 170 TEC)
In implementing the multiannual framework programme the Union may make provision for cooperation in Union research, technological development and demonstration with third countries or international organisations.
The detailed arrangements for such cooperation may be the subject of agreements between the Union and the third parties concerned.
***
FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
Recital 27 of the FP7 indicates the state of affairs and the efforts to strengthen international research cooperation:
(27) The Community has concluded a number of international agreements in the field of research and efforts should be made to strengthen international research cooperation with a view to reaping the full benefits of internationalisation of RTD, to contributing to the production of global public goods and to further integrating the Community into the world-wide research community.
***
Research Directorate-General
The Commission’s Directorate-General Research offers a gateway to International Cooperation here:
http://ec.europa.eu/research/iscp/index.cfm
A table of various agreements on research and technological development is accessible here:
http://ec.europa.eu/research/iscp/pdf/st_agreement_ec_euratom_en.pdf
The Commission staff working document A new approach to international scientific and technological co-operation in the 7th Research Framework Programme (2007-2013) and 7th Framework Programme of the European Atomic Energy Community (Euratom) (2007-2011), Bussels, 12.1.2007 SEC(2007)47, explains the objectives of the Commission to foster international research cooperation during the existing framework programmes:
http://ec.europa.eu/research/iscp/pdf/newapproach_en.pdf
The Commission has followed up with the recent forward looking Communication A strategic European framework for international science and technology cooperation, Brussels, 24 September 2008 COM (2008) 588 final:
http://ec.europa.eu/research/iscp/pdf/com_2008_588_en.pdf
This is how the Commission presents its view:
This Communication presents a strategic European framework for international cooperation in science and technology (S&T). It also covers the specific aspects of such cooperation in information and communication technologies (ICT).
By strengthening its research effort and facilitating the use of new technologies, Europe can respond more effectively and efficiently to the major challenges society is facing today. Deepening the European Research Area (ERA) through greater integration and cross-border coordination of research investments and activities will increase Europe's competitiveness and its attractiveness as a place to invest in research and innovation. Promoting European ICTs worldwide as a key driver of socio-economic growth will also contribute to the Growth and Jobs agenda1. Deepening the ERA should go hand in hand with widening it, through enhanced cooperation with international partners.
Ralf Grahn
Wednesday, 7 January 2009
EU Law: Joint implementation of research programmes
One of the options offered by the current Treaty establishing the European Community (TEC) is for the Community to participate jointly with member states in research programmes.
Under the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7) the references to the potential use of this option have multiplied.
We look at this optional instrument both at treaty level and in the FP7, running from 1 January 2007 to 31 December 2013.
CORDIS has recently established a portal dedicated to Article 169 initiatives.
***
Article 169 TEC
Article 169 (ex Article 130l) of the Treaty establishing the European Community (TEC) provides an option for the European Community to participate in the implementation of the framework programme for research and technological development.
In agreement with the member states concerned, the Community can participate in concrete research and development programmes undertaken by some member states. This can include participation in the structures created for the execution of those programmes.
The current Article 169 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 169 TEC
In implementing the multiannual framework programme, the Community may 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.
***
Original Lisbon Treaty (ToL)
Article 2, point 140 of the Lisbon Treaty amended Article 168 TEC and point 141 amended Article 170 TEC (OJEU 17.12.2007 C 306/86).
In other words, there were no specific amendments of Article 169 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.
Article 169 TEC initially became Article 169 TFEU (ToL) before the renumbering of the treaty made it into Article 185 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 184 TFEU
The ‘Community’ was replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 185 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 185 TFEU
(ex Article 169 TEC)
In implementing the multiannual framework programme, the Union may 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.
***
FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
Recital 26 of the FP7 Decision 1982/2006 refers to potential Community participation within the meaning of Article 169 TEC:
(26) Implementation of the Seventh Framework Programme may give rise to supplementary programmes involving the participation of certain Member States only, the participation of the Community in programmes undertaken by several Member States, or the setting up of joint undertakings or other arrangements within the meaning of Articles 168, 169 and 171 of the Treaty.
The possibility for European Community participation under Article 169 TEC is evoked in Annex I under the Cooperation programme:
Coordination of Non-Community Research Programmes
The action undertaken in this field will make use of two main tools: the ERA-NET scheme and the participation of the Community in jointly implemented national research programmes (under Article 169 of the Treaty). The action may cover subjects not directly linked to the ten themes in so far as they have sufficient European added value. The action will also be used to enhance the complementarity and synergy between the Seventh Framework Programme and activities carried out in the framework of intergovernmental structures such as EUREKA and COST.
***
In the context of the ERA-NET scheme large scale projects in ‘variable geometry’ are mentioned:
The participation of the Community in research programmes jointly implemented on the basis of Article 169 of the Treaty is especially relevant to European cooperation on a large scale in ‘variable geometry’ between Member States sharing common needs and/or interests. In well-identified cases such Article 169 initiatives could be launched in areas to be identified in close association with the Member States, including the possible cooperation with intergovernmental programmes, on the basis of a series of criteria.
***
In the context of funding schemes additional details of the application of Article 169 TEC are presented:
To support actions implemented on the basis of decisions by the Council and the European Parliament (or by the Council in consultation with the European Parliament) based on a proposal from the Commission, the Community will provide financial support to multi-financed large-scale initiatives.
— A financial contribution from the Community to the joint implementation of well identified national research programmes, on the basis of Article 169 of the Treaty. This joint implementation will require the establishment or existence of a dedicated implementation structure. Community financial support will be provided subject to the definition of a financing plan based on formal commitments from competent national authorities.
***
Research Directorate-General
Within the context of the Sixth Framework Programme, the Directorate-General for Research presented this short view on the potential use of Article 169 TEC. The undated text offers us a picture of the Commissions thinking, and it is available here:
ftp://ftp.cordis.europa.eu/pub/documents_r5/natdir0000039/s_1975005_20030320_152242_6FPL021975en.pdf
For ease of use, we reproduce the text of the one page document here:
Article 169
Objectives
Article 169 enables the Community to participate in research programmes undertaken jointly by several Member States, including participation in the structures created for the execution of national programmes.
Characteristics
Article 169 is potentially a very powerful instrument:
· Integrated Projects and Networks of Excellence integrate individual performers of research;
· Article 169 integrates national programmes.
Article 169 is adopted by a co-decision process between the European Parliament and the Council. The originality of Article 169 is related to the fact that the proposal comes from the Member States.
Players involved
The political players from the Member States are the policy makers and the operational players are the programme managers of national programmes. The Commission is responsible for transforming each initiative into a formal proposal of Article 169 to the Council and Parliament who then decide through the co-decision process.
Basic criteria
The basic criteria for the selection of the proposals of Article 169 are as follows:
· involvement of enough Member States to obtain a significant structuring effect and critical
mass;
· topic of great interest to the Community and fits with the thematic priorities of the Framework Programme;
· principles of co-funding by Member States and Community, and of additionality are respected;
· significant European added-value;
· Article 169 is the only way the project could be implemented.
First achievements
Several topics have been identified and one topic has been submitted as a formal proposal of Article 169: “European and Developing Countries Clinical Trials Partnership” (EDCTP). This proposal was adopted by the Commission, 28 August 2002 and has been transmitted to Council and the Parliament.
***
CORDIS 169 portal
CORDIS (the Community Research and Development Information Service) has established a portal dedicated to Article 169 initiatives:
http://cordis.europa.eu/fp7/art169/home_en.html
The web pages seem to contain ‘everything’ you need to know about joint implementation.
Ralf Grahn
Under the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7) the references to the potential use of this option have multiplied.
We look at this optional instrument both at treaty level and in the FP7, running from 1 January 2007 to 31 December 2013.
CORDIS has recently established a portal dedicated to Article 169 initiatives.
***
Article 169 TEC
Article 169 (ex Article 130l) of the Treaty establishing the European Community (TEC) provides an option for the European Community to participate in the implementation of the framework programme for research and technological development.
In agreement with the member states concerned, the Community can participate in concrete research and development programmes undertaken by some member states. This can include participation in the structures created for the execution of those programmes.
The current Article 169 of the Treaty establishing the European Community (TEC), as published in the latest consolidated version of the treaties, OJEU 29.12.2006 C 321 E/122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 169 TEC
In implementing the multiannual framework programme, the Community may 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.
***
Original Lisbon Treaty (ToL)
Article 2, point 140 of the Lisbon Treaty amended Article 168 TEC and point 141 amended Article 170 TEC (OJEU 17.12.2007 C 306/86).
In other words, there were no specific amendments of Article 169 TEC.
***
Renumbering the Treaty of Lisbon (ToL)
The Table of equivalences of the original Treaty of Lisbon tells us that Title XVIII first became Title XVIII with the addition of space in the TFEU (ToL), and later renumbered Title XIX Research and technological development and space in the consolidated version.
Article 169 TEC initially became Article 169 TFEU (ToL) before the renumbering of the treaty made it into Article 185 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 184 TFEU
The ‘Community’ was replaced by the ‘Union’ (horizontal amendment) and the Article was renumbered. Article 185 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/131):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 185 TFEU
(ex Article 169 TEC)
In implementing the multiannual framework programme, the Union may 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.
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FP7 – Seventh Framework Programme (2007–2013)
Decision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013), published in OJEU 30.12.2006 L 412/1, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:412:0001:0041:EN:PDF
Recital 26 of the FP7 Decision 1982/2006 refers to potential Community participation within the meaning of Article 169 TEC:
(26) Implementation of the Seventh Framework Programme may give rise to supplementary programmes involving the participation of certain Member States only, the participation of the Community in programmes undertaken by several Member States, or the setting up of joint undertakings or other arrangements within the meaning of Articles 168, 169 and 171 of the Treaty.
The possibility for European Community participation under Article 169 TEC is evoked in Annex I under the Cooperation programme:
Coordination of Non-Community Research Programmes
The action undertaken in this field will make use of two main tools: the ERA-NET scheme and the participation of the Community in jointly implemented national research programmes (under Article 169 of the Treaty). The action may cover subjects not directly linked to the ten themes in so far as they have sufficient European added value. The action will also be used to enhance the complementarity and synergy between the Seventh Framework Programme and activities carried out in the framework of intergovernmental structures such as EUREKA and COST.
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In the context of the ERA-NET scheme large scale projects in ‘variable geometry’ are mentioned:
The participation of the Community in research programmes jointly implemented on the basis of Article 169 of the Treaty is especially relevant to European cooperation on a large scale in ‘variable geometry’ between Member States sharing common needs and/or interests. In well-identified cases such Article 169 initiatives could be launched in areas to be identified in close association with the Member States, including the possible cooperation with intergovernmental programmes, on the basis of a series of criteria.
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In the context of funding schemes additional details of the application of Article 169 TEC are presented:
To support actions implemented on the basis of decisions by the Council and the European Parliament (or by the Council in consultation with the European Parliament) based on a proposal from the Commission, the Community will provide financial support to multi-financed large-scale initiatives.
— A financial contribution from the Community to the joint implementation of well identified national research programmes, on the basis of Article 169 of the Treaty. This joint implementation will require the establishment or existence of a dedicated implementation structure. Community financial support will be provided subject to the definition of a financing plan based on formal commitments from competent national authorities.
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Research Directorate-General
Within the context of the Sixth Framework Programme, the Directorate-General for Research presented this short view on the potential use of Article 169 TEC. The undated text offers us a picture of the Commissions thinking, and it is available here:
ftp://ftp.cordis.europa.eu/pub/documents_r5/natdir0000039/s_1975005_20030320_152242_6FPL021975en.pdf
For ease of use, we reproduce the text of the one page document here:
Article 169
Objectives
Article 169 enables the Community to participate in research programmes undertaken jointly by several Member States, including participation in the structures created for the execution of national programmes.
Characteristics
Article 169 is potentially a very powerful instrument:
· Integrated Projects and Networks of Excellence integrate individual performers of research;
· Article 169 integrates national programmes.
Article 169 is adopted by a co-decision process between the European Parliament and the Council. The originality of Article 169 is related to the fact that the proposal comes from the Member States.
Players involved
The political players from the Member States are the policy makers and the operational players are the programme managers of national programmes. The Commission is responsible for transforming each initiative into a formal proposal of Article 169 to the Council and Parliament who then decide through the co-decision process.
Basic criteria
The basic criteria for the selection of the proposals of Article 169 are as follows:
· involvement of enough Member States to obtain a significant structuring effect and critical
mass;
· topic of great interest to the Community and fits with the thematic priorities of the Framework Programme;
· principles of co-funding by Member States and Community, and of additionality are respected;
· significant European added-value;
· Article 169 is the only way the project could be implemented.
First achievements
Several topics have been identified and one topic has been submitted as a formal proposal of Article 169: “European and Developing Countries Clinical Trials Partnership” (EDCTP). This proposal was adopted by the Commission, 28 August 2002 and has been transmitted to Council and the Parliament.
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CORDIS 169 portal
CORDIS (the Community Research and Development Information Service) has established a portal dedicated to Article 169 initiatives:
http://cordis.europa.eu/fp7/art169/home_en.html
The web pages seem to contain ‘everything’ you need to know about joint implementation.
Ralf Grahn
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