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
Showing posts with label technological development. Show all posts
Showing posts with label technological development. Show all posts
Monday, 12 January 2009
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
Tuesday, 6 January 2009
EU Law: Supplementary research programmes
In addition to the general European Community (European Union) Framework Programme for Research and Technological Development (now FP7) and the specific programmes implementing it – Cooperation, Ideas, People, Capacities and the Joint Research Council – there exists an option to agree on supplementary programmes involving the participation of certain Member States only.
We are reminded of this optional instrument both at treaty level and by the secondary legislation concerning the FP7, running from 1 January 2007 to 31 December 2013.
***
Article 168 TEC
Article 168 (ex Article 130k) of the Treaty establishing the European Community (TEC) concerns supplementary programmes for research and technological development involving only some member states.
The supplementary programmes are primarily financed by the participating states. The Council decides on rules with regard to dissemination of knowledge and access by other member states.
The current Article 168 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 168 TEC
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Community participation.
The Council shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
***
Original Lisbon Treaty (ToL)
Article 2, point 140 of the Lisbon Treaty amended Article 168 TEC (OJEU 17.12.2007 C 306/86):
140) In Article 168, second paragraph, the words ‘the Council’ shall be replaced by ‘the Union’.
***
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 168 TEC initially became Article 168 TFEU (ToL) before the renumbering of the treaty made it into Article 184 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 184 TFEU
After one specific amendments and renumbering Article 184 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 184 TFEU
(ex Article 168 TEC)
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Union participation.
The Union shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
***
FP7 – Seventh Framework Programme (2007–2013)
Having looked at the treaty level, we move on to supplementary research programmes in practice.
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
Although the treaty provision on supplementary programmes has its historical roots and causes, including limited use, here we are interested in the possible existence of such EU research programmes.
Recital 26 of the FP7 Decision 1982/2006 refers to supplementary programmes:
(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.
***
In other words, the FP7 Decision treats supplementary research programmes as a potential instrument.
***
Rules on supplementary programmes?
Is the text of the FP7 Decision Recital 26 just a reminder of an existing optional instrument, or are there more detailed rules in existence governing the use of supplementary programmes?
The rules for participation and for dissemination of research results 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:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:391:0001:0018:EN:PDF
I found no mention of supplementary research programmes in Regulation 1906/2006. This indicates that the treaty provision sets the legal framework for the potential use of supplementary programmes. The legal act or acts would probably be drafted according to the objectives, the participants and other circumstances, drawing on existing EC (EU) research Decisions, Regulations and practices.
***
Specific programmes
The Framework Programme for Research and Technological Development (FP7) is implemented through specific programmes. The possibility of supplementary programmes is mentioned in the context of the FP7 or the specific programme in question, but we leave it to the interested reader to dig more deeply.
Note that the specific programmes initially published have been corrected and the corrigenda published in the Official Journal of the European Union (OJEU) 22 February 2007 L 54. The links in earlier posts have been replaced below.
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/86. The corrigendum OJEU 22.2.2007 L 54/30 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0030:0080:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published in OJEU 30.12.2006 L 400/243. The corrigendum OJEU 22.2.2007 L 54/81 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0081:0090:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was initially published in OJEU 2006 L 400. Here is a link to the corrigendum OJEU 22.2.2007 L 54/91:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0091:0100:EN:PDF
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/299. The corrigendum OJEU 22.2.2007 L 54/101 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0101:0125:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/368. The corrigendum OJEU 22.2.2007 L 54/126 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0126:0138:EN:PDF
Ralf Grahn
We are reminded of this optional instrument both at treaty level and by the secondary legislation concerning the FP7, running from 1 January 2007 to 31 December 2013.
***
Article 168 TEC
Article 168 (ex Article 130k) of the Treaty establishing the European Community (TEC) concerns supplementary programmes for research and technological development involving only some member states.
The supplementary programmes are primarily financed by the participating states. The Council decides on rules with regard to dissemination of knowledge and access by other member states.
The current Article 168 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 168 TEC
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Community participation.
The Council shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
***
Original Lisbon Treaty (ToL)
Article 2, point 140 of the Lisbon Treaty amended Article 168 TEC (OJEU 17.12.2007 C 306/86):
140) In Article 168, second paragraph, the words ‘the Council’ shall be replaced by ‘the Union’.
***
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 168 TEC initially became Article 168 TFEU (ToL) before the renumbering of the treaty made it into Article 184 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 184 TFEU
After one specific amendments and renumbering Article 184 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 184 TFEU
(ex Article 168 TEC)
In implementing the multiannual framework programme, supplementary programmes may be decided on involving the participation of certain Member States only, which shall finance them subject to possible Union participation.
The Union shall adopt the rules applicable to supplementary programmes, particularly as regards the dissemination of knowledge and access by other Member States.
***
FP7 – Seventh Framework Programme (2007–2013)
Having looked at the treaty level, we move on to supplementary research programmes in practice.
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
Although the treaty provision on supplementary programmes has its historical roots and causes, including limited use, here we are interested in the possible existence of such EU research programmes.
Recital 26 of the FP7 Decision 1982/2006 refers to supplementary programmes:
(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.
***
In other words, the FP7 Decision treats supplementary research programmes as a potential instrument.
***
Rules on supplementary programmes?
Is the text of the FP7 Decision Recital 26 just a reminder of an existing optional instrument, or are there more detailed rules in existence governing the use of supplementary programmes?
The rules for participation and for dissemination of research results 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:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:391:0001:0018:EN:PDF
I found no mention of supplementary research programmes in Regulation 1906/2006. This indicates that the treaty provision sets the legal framework for the potential use of supplementary programmes. The legal act or acts would probably be drafted according to the objectives, the participants and other circumstances, drawing on existing EC (EU) research Decisions, Regulations and practices.
***
Specific programmes
The Framework Programme for Research and Technological Development (FP7) is implemented through specific programmes. The possibility of supplementary programmes is mentioned in the context of the FP7 or the specific programme in question, but we leave it to the interested reader to dig more deeply.
Note that the specific programmes initially published have been corrected and the corrigenda published in the Official Journal of the European Union (OJEU) 22 February 2007 L 54. The links in earlier posts have been replaced below.
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/86. The corrigendum OJEU 22.2.2007 L 54/30 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0030:0080:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published in OJEU 30.12.2006 L 400/243. The corrigendum OJEU 22.2.2007 L 54/81 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0081:0090:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was initially published in OJEU 2006 L 400. Here is a link to the corrigendum OJEU 22.2.2007 L 54/91:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0091:0100:EN:PDF
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/299. The corrigendum OJEU 22.2.2007 L 54/101 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0101:0125:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), initially published OJEU 30.12.2006 L 400/368. The corrigendum OJEU 22.2.2007 L 54/126 is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2007:054:0126:0138:EN:PDF
Ralf Grahn
EU Law: Research participation and dissemination
One of the aims of the European Community’s (European Union’s) Seventh Framework Programme for Research and Technological Development (FP7) was to streamline the procedures for participants.
The European Year of Creativity and Innovation 2009 started a few days ago with the objective to raise awareness of importance of creativity and innovation for personal, social and economic development, to disseminate good practices, stimulate education and research, and promote policy debate and development:
http://create2009.europa.eu/
We take a peek at the treaty level provisions concerning EU research and technological development (RTD) activities, especially secondary legislation with regard to participation and dissemination of research results.
Participants are invited to comment on how successful the FP7 streamlining exercise has been.
***
Article 167 TEC
Article 167 (ex Article 130j) of the Treaty establishing the European Community (TEC) concerns rules for the participation in the multiannual framework programme for research and technological development and rules governing the dissemination of results.
The current Article 167 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 167 TEC
For the implementation of the multiannual framework programme the Council shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
***
Original Lisbon Treaty (ToL)
Article 2, point 138 of the Lisbon Treaty amended Article 167 TEC (OJEU 17.12.2007 C 306/86):
139) In Article 167, the words ‘the Council’ shall be replaced by ‘the Union’.
***
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 167 TEC initially became Article 167 TFEU (ToL) before the renumbering of the treaty made it into Article 183 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 183 TFEU
After one specific amendments and renumbering Article 183 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 183 TFEU
(ex Article 167 TEC)
For the implementation of the multiannual framework programme the Union shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
***
Overview: EU research funding 2007 to 2013
Before looking at the detailed rules, some readers may want an overview of what the European Union has to offer in the area of research funding generally.
The Commission has published the booklet Competitive European regions through research and innovation – Practical guide to EU funding opportunities for research and innovation (Revision 2, 2 December 2008; 59 pages), available here:
ftp://ftp.cordis.europa.eu/pub/fp7/docs/practical-guide-rev2_en.pdf
At the Community level, the Union possesses three key funding instruments to support research and innovation: Cohesion policy which is funded through the Structural Funds and Cohesion Fund; the Research Framework Programme (FP7) and the Competitiveness and Innovation Framework Programme (CIP).
The Practical guide offers information about EU funding opportunities.
***
CORDIS
CORDIS – the Community Research & Development Information Service – offers a wealth of information about the Seventh Framework Programme (FP7), accessible from here:
http://cordis.europa.eu/fp7/home_en.html
***
FP7 in Brief
The Seventh Framework Programme for Research and Technological Development (2007 to 2013) is presented in an introductory brochure called FP7 in Brief – How to get involved in the EU 7th Framework Programme for Research (a pocket guide for newcomers):
http://ec.europa.eu/research/fp7/pdf/fp7-inbrief_en.pdf
***
FP7 – Seventh Framework Programme (2007–2013)
After the background presented above, it is time to mention the main legal act concerning the FP7.
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
FP7 themes
The research and technological development (RTD) activities within the Seventh Framework Programme from 1 January 2007 to 31 December 2013 are carried out in the following thematic areas (Article 2):
(a) Health;
(b) Food, Agriculture and Fisheries, and Biotechnology;
(c) Information and Communication Technologies;
(d) Nano-sciences, Nano-technologies, Materials and New Production Technologies;
(e) Energy;
(f) Environment (including Climate Change);
(g) Transport (including Aeronautics);
(h) Socio-economic Sciences and Humanities;
(i) Space;
(j) Security.
(ii) Ideas: supporting ‘investigator-driven’ research carried out across all fields by individual national or transnational teams in competition at the European level.
(iii) People: strengthening, quantitatively and qualitatively, the human potential in research and technological development in Europe, as well as encouraging mobility.
(iv) Capacities: supporting key aspects of European research and innovation capacities such as research infrastructures; regional research driven clusters; the development of a full research potential in the Community's convergence and outermost regions; research for the benefit of small and medium-sized enterprises (‘SMEs’); ‘Science in Society’ issues; support to coherent development of policies; horizontal activities of international cooperation.
2. The Seventh Framework Programme shall also support the non-nuclear direct scientific and technical actions carried out by the Joint Research Centre (‘JRC’) as defined in Annex I.
*
The Decision offers some general rules and and its Annexes present thematic objectives, reasons, activities, a breakdown of available financial resources etc.
***
Rules for participation and dissemination
The specific objective of this post is to point to the rules on participation in FP7 activities and the dissemination of research results.
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
Article 1 of Regulation 1906/2006 indicates the scope:
Article 1
Subject matter
This Regulation lays down the rules for the participation of undertakings, research centres and universities and other legal entities in actions undertaken by one or more participants by means of funding schemes identified in part (a) of Annex III to Decision No 1982/2006/EC, hereinafter ‘indirect actions’.
It also lays down rules, in accordance with those laid down in the Financial Regulation and the Implementing Rules concerning the Community financial contribution to participants in indirect actions under the Seventh Framework Programme.
As regards the results of research carried out under the Seventh Framework Programme, this Regulation lays down rules for the disclosure of foreground by any appropriate means other than that resulting from the formalities for protecting it, and including the publication of foreground in any medium, hereinafter ‘dissemination’.
In addition, it lays down rules for the direct or indirect utilisation of foreground in further research activities other than those covered by the indirect action concerned, or for developing, creating and marketing a product or process, or for creating and providing a service, hereinafter ‘use’.
In respect of both foreground and background, this Regulation lays down rules concerning licences and user rights thereto, hereinafter ‘access rights’.
***
Guidance for participants
CORDIS offers participants further guides and model agreements on the page Find a document:
http://cordis.europa.eu/fp7/find-doc_en.html
***
Specific programmes
The specific programmes have their own rules, which require compliance.
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/86, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0086:0242:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published in OJEU 30.12.2006 L 400/243, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0243:0271:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was published in OJEU 2006 L 400, but the link did not lead to the first page of the Decision; look for page 270 manually.
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/299, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0299:0367:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/368, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0368:0403:EN:PDF
***
European research area
The Commission’s Green Paper The European Research Area: New Perspectives (Text with EEA relevance), Brussels, 4.4.2007 COM(2007) 161 final.
The Green Paper raised a number of questions on how to deepen and widen the European Research Area so that it fully contributes to the renewed Lisbon strategy:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0161:FIN:EN:PDF
Based on the consultation, on 2 December 2008 the Council agreed on a European Research Area Vision 2020 and the Commission has launched five new initiatives:
http://ec.europa.eu/research/era/2020_era_vision_en.html
http://ec.europa.eu/research/era/specific-era-initiatives_en.html
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development. General and updated information is available here:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Has the Seventh Framework Programme of European Union managed to streamline the rules for participation and dissemination enough, or are they still too heavy?
Ralf Grahn
The European Year of Creativity and Innovation 2009 started a few days ago with the objective to raise awareness of importance of creativity and innovation for personal, social and economic development, to disseminate good practices, stimulate education and research, and promote policy debate and development:
http://create2009.europa.eu/
We take a peek at the treaty level provisions concerning EU research and technological development (RTD) activities, especially secondary legislation with regard to participation and dissemination of research results.
Participants are invited to comment on how successful the FP7 streamlining exercise has been.
***
Article 167 TEC
Article 167 (ex Article 130j) of the Treaty establishing the European Community (TEC) concerns rules for the participation in the multiannual framework programme for research and technological development and rules governing the dissemination of results.
The current Article 167 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 167 TEC
For the implementation of the multiannual framework programme the Council shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
***
Original Lisbon Treaty (ToL)
Article 2, point 138 of the Lisbon Treaty amended Article 167 TEC (OJEU 17.12.2007 C 306/86):
139) In Article 167, the words ‘the Council’ shall be replaced by ‘the Union’.
***
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 167 TEC initially became Article 167 TFEU (ToL) before the renumbering of the treaty made it into Article 183 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 183 TFEU
After one specific amendments and renumbering Article 183 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 183 TFEU
(ex Article 167 TEC)
For the implementation of the multiannual framework programme the Union shall:
— determine the rules for the participation of undertakings, research centres and universities,
— lay down the rules governing the dissemination of research results.
***
Overview: EU research funding 2007 to 2013
Before looking at the detailed rules, some readers may want an overview of what the European Union has to offer in the area of research funding generally.
The Commission has published the booklet Competitive European regions through research and innovation – Practical guide to EU funding opportunities for research and innovation (Revision 2, 2 December 2008; 59 pages), available here:
ftp://ftp.cordis.europa.eu/pub/fp7/docs/practical-guide-rev2_en.pdf
At the Community level, the Union possesses three key funding instruments to support research and innovation: Cohesion policy which is funded through the Structural Funds and Cohesion Fund; the Research Framework Programme (FP7) and the Competitiveness and Innovation Framework Programme (CIP).
The Practical guide offers information about EU funding opportunities.
***
CORDIS
CORDIS – the Community Research & Development Information Service – offers a wealth of information about the Seventh Framework Programme (FP7), accessible from here:
http://cordis.europa.eu/fp7/home_en.html
***
FP7 in Brief
The Seventh Framework Programme for Research and Technological Development (2007 to 2013) is presented in an introductory brochure called FP7 in Brief – How to get involved in the EU 7th Framework Programme for Research (a pocket guide for newcomers):
http://ec.europa.eu/research/fp7/pdf/fp7-inbrief_en.pdf
***
FP7 – Seventh Framework Programme (2007–2013)
After the background presented above, it is time to mention the main legal act concerning the FP7.
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
FP7 themes
The research and technological development (RTD) activities within the Seventh Framework Programme from 1 January 2007 to 31 December 2013 are carried out in the following thematic areas (Article 2):
(a) Health;
(b) Food, Agriculture and Fisheries, and Biotechnology;
(c) Information and Communication Technologies;
(d) Nano-sciences, Nano-technologies, Materials and New Production Technologies;
(e) Energy;
(f) Environment (including Climate Change);
(g) Transport (including Aeronautics);
(h) Socio-economic Sciences and Humanities;
(i) Space;
(j) Security.
(ii) Ideas: supporting ‘investigator-driven’ research carried out across all fields by individual national or transnational teams in competition at the European level.
(iii) People: strengthening, quantitatively and qualitatively, the human potential in research and technological development in Europe, as well as encouraging mobility.
(iv) Capacities: supporting key aspects of European research and innovation capacities such as research infrastructures; regional research driven clusters; the development of a full research potential in the Community's convergence and outermost regions; research for the benefit of small and medium-sized enterprises (‘SMEs’); ‘Science in Society’ issues; support to coherent development of policies; horizontal activities of international cooperation.
2. The Seventh Framework Programme shall also support the non-nuclear direct scientific and technical actions carried out by the Joint Research Centre (‘JRC’) as defined in Annex I.
*
The Decision offers some general rules and and its Annexes present thematic objectives, reasons, activities, a breakdown of available financial resources etc.
***
Rules for participation and dissemination
The specific objective of this post is to point to the rules on participation in FP7 activities and the dissemination of research results.
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
Article 1 of Regulation 1906/2006 indicates the scope:
Article 1
Subject matter
This Regulation lays down the rules for the participation of undertakings, research centres and universities and other legal entities in actions undertaken by one or more participants by means of funding schemes identified in part (a) of Annex III to Decision No 1982/2006/EC, hereinafter ‘indirect actions’.
It also lays down rules, in accordance with those laid down in the Financial Regulation and the Implementing Rules concerning the Community financial contribution to participants in indirect actions under the Seventh Framework Programme.
As regards the results of research carried out under the Seventh Framework Programme, this Regulation lays down rules for the disclosure of foreground by any appropriate means other than that resulting from the formalities for protecting it, and including the publication of foreground in any medium, hereinafter ‘dissemination’.
In addition, it lays down rules for the direct or indirect utilisation of foreground in further research activities other than those covered by the indirect action concerned, or for developing, creating and marketing a product or process, or for creating and providing a service, hereinafter ‘use’.
In respect of both foreground and background, this Regulation lays down rules concerning licences and user rights thereto, hereinafter ‘access rights’.
***
Guidance for participants
CORDIS offers participants further guides and model agreements on the page Find a document:
http://cordis.europa.eu/fp7/find-doc_en.html
***
Specific programmes
The specific programmes have their own rules, which require compliance.
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/86, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0086:0242:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published in OJEU 30.12.2006 L 400/243, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0243:0271:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was published in OJEU 2006 L 400, but the link did not lead to the first page of the Decision; look for page 270 manually.
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/299, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0299:0367:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/368, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0368:0403:EN:PDF
***
European research area
The Commission’s Green Paper The European Research Area: New Perspectives (Text with EEA relevance), Brussels, 4.4.2007 COM(2007) 161 final.
The Green Paper raised a number of questions on how to deepen and widen the European Research Area so that it fully contributes to the renewed Lisbon strategy:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0161:FIN:EN:PDF
Based on the consultation, on 2 December 2008 the Council agreed on a European Research Area Vision 2020 and the Commission has launched five new initiatives:
http://ec.europa.eu/research/era/2020_era_vision_en.html
http://ec.europa.eu/research/era/specific-era-initiatives_en.html
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development. General and updated information is available here:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Has the Seventh Framework Programme of European Union managed to streamline the rules for participation and dissemination enough, or are they still too heavy?
Ralf Grahn
Saturday, 3 January 2009
EU Law: Framework Programme for research, technological development and demonstration activities
The European Community (European Union) Framework Programme for research, technological development and demonstration activities sets out the European level activities.
The current Framework Programme is the seventh – FP7 – and it runs from 2007 to 2013.
Specific progammes implement the framework. The programmes are called Cooperation, Ideas, People and Capacities. In addition there are the direct actions by the Joint Research Centre.
We look at the treaty level provisions and refer to the relevant secondary legislation.
***
Article 166 TEC
Article 166 (ex Article 130i) of the Treaty establishing the European Community (TEC) is the legal base for a multiannual framework programme. This programme is adopted according to the co-decision procedure and it shall set out all the European Community’s activities in research and technological development.
The indents present the main characteristic of this framework.
The framework programme can be adapted or supplemented during its lifetime.
Specific implementing programmes are adopted within the framework by the Council.
The current Article 166 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/121–122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 166 TEC
1. A multiannual framework programme, setting out all the activities of the Community, shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 after consulting the Economic and Social Committee.
The framework programme shall:
— establish the scientific and technological objectives to be achieved by the activities provided for in Article 164 and fix the relevant priorities,
— indicate the broad lines of such activities,
— fix the maximum overall amount and the detailed rules for Community financial participation in the framework programme and the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The framework programme shall be implemented through specific programmes developed within each activity. Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall maximum amount fixed for the framework programme and each activity.
4. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the specific programmes.
***
Original Lisbon Treaty (ToL)
Article 2, point 138 of the Lisbon Treaty amended Article 165 TEC (OJEU 17.12.2007 C 306/86):
138) Article 166 shall be amended as follows:
(a) in paragraph 4, the words ‘The Council, acting by a qualified majority on a proposal from the Commission’ shall be replaced by ‘The Council, acting in accordance with a special legislative procedure’;
(b) the following new paragraph 5 shall be added:
‘5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the measures necessary for the implementation of the European research area.’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 166 TEC initially became Article 166 TFEU (ToL) before the renumbering of the treaty made it into Article 182 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 182 TFEU
With the specific amendments and after the horizontal amendments which replaced the Community by the Union and renamed the legislative procedure in paragraph 1 as well as the renumbering of the Article, Article 182 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/129–130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 182 TFEU
(ex Article 166 TEC)
1. A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee.
The framework programme shall:
— establish the scientific and technological objectives to be achieved by the activities provided for in Article 180 and fix the relevant priorities,
— indicate the broad lines of such activities,
— fix the maximum overall amount and the detailed rules for Union financial participation in the framework programme and the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The framework programme shall be implemented through specific programmes developed within each activity. Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall maximum amount fixed for the framework programme and each activity.
4. The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, shall adopt the specific programmes.
5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the measures necessary for the implementation of the European research area.
***
Main changes
The ordinary legislative procedure and the special legislative procedures do not change the substance of the provision.
The new fifth paragraph takes over the substance of Article III-251(4) of the Constitutional Treaty, which means that a specific legal base is created for the European research area.
***
EU research competence
In the general ordering of European Union competence, the Lisbon Treaty deals with research in under shared competence, but with a particular twist. Article 4(3) TFEU states:
3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
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
***
Specific programmes
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/86, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0086:0242:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published in OJEU 30.12.2006 L 400/243, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0243:0271:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was published in OJEU 2006 L 400, but the link did not lead to the first page of the Decision; look for page 270 manually.
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/299, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0299:0367:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/368, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0368:0403:EN:PDF
***
European research area
The Commission’s Green Paper The European Research Area: New Perspectives (Text with EEA relevance), Brussels, 4.4.2007 COM(2007) 161 final.
The Green Paper raised a number of questions on how to deepen and widen the European Research Area so that it fully contributes to the renewed Lisbon strategy:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0161:FIN:EN:PDF
Based on the consultation, on 2 December 2008 the Council agreed on a European Research Area Vision 2020 and the Commission has launched five new initiatives:
http://ec.europa.eu/research/era/2020_era_vision_en.html
http://ec.europa.eu/research/era/specific-era-initiatives_en.html
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development. General and updated information is available here:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Dear readers, your comments with views and experiences are appreciated.
Ralf Grahn
The current Framework Programme is the seventh – FP7 – and it runs from 2007 to 2013.
Specific progammes implement the framework. The programmes are called Cooperation, Ideas, People and Capacities. In addition there are the direct actions by the Joint Research Centre.
We look at the treaty level provisions and refer to the relevant secondary legislation.
***
Article 166 TEC
Article 166 (ex Article 130i) of the Treaty establishing the European Community (TEC) is the legal base for a multiannual framework programme. This programme is adopted according to the co-decision procedure and it shall set out all the European Community’s activities in research and technological development.
The indents present the main characteristic of this framework.
The framework programme can be adapted or supplemented during its lifetime.
Specific implementing programmes are adopted within the framework by the Council.
The current Article 166 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/121–122:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 166 TEC
1. A multiannual framework programme, setting out all the activities of the Community, shall be adopted by the Council, acting in accordance with the procedure referred to in Article 251 after consulting the Economic and Social Committee.
The framework programme shall:
— establish the scientific and technological objectives to be achieved by the activities provided for in Article 164 and fix the relevant priorities,
— indicate the broad lines of such activities,
— fix the maximum overall amount and the detailed rules for Community financial participation in the framework programme and the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The framework programme shall be implemented through specific programmes developed within each activity. Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall maximum amount fixed for the framework programme and each activity.
4. The Council, acting by a qualified majority on a proposal from the Commission and after consulting the European Parliament and the Economic and Social Committee, shall adopt the specific programmes.
***
Original Lisbon Treaty (ToL)
Article 2, point 138 of the Lisbon Treaty amended Article 165 TEC (OJEU 17.12.2007 C 306/86):
138) Article 166 shall be amended as follows:
(a) in paragraph 4, the words ‘The Council, acting by a qualified majority on a proposal from the Commission’ shall be replaced by ‘The Council, acting in accordance with a special legislative procedure’;
(b) the following new paragraph 5 shall be added:
‘5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the measures necessary for the implementation of the European research area.’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 166 TEC initially became Article 166 TFEU (ToL) before the renumbering of the treaty made it into Article 182 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 182 TFEU
With the specific amendments and after the horizontal amendments which replaced the Community by the Union and renamed the legislative procedure in paragraph 1 as well as the renumbering of the Article, Article 182 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/129–130):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 182 TFEU
(ex Article 166 TEC)
1. A multiannual framework programme, setting out all the activities of the Union, shall be adopted by the European Parliament and the Council, acting in accordance with the ordinary legislative procedure after consulting the Economic and Social Committee.
The framework programme shall:
— establish the scientific and technological objectives to be achieved by the activities provided for in Article 180 and fix the relevant priorities,
— indicate the broad lines of such activities,
— fix the maximum overall amount and the detailed rules for Union financial participation in the framework programme and the respective shares in each of the activities provided for.
2. The framework programme shall be adapted or supplemented as the situation changes.
3. The framework programme shall be implemented through specific programmes developed within each activity. Each specific programme shall define the detailed rules for implementing it, fix its duration and provide for the means deemed necessary. The sum of the amounts deemed necessary, fixed in the specific programmes, may not exceed the overall maximum amount fixed for the framework programme and each activity.
4. The Council, acting in accordance with a special legislative procedure and after consulting the European Parliament and the Economic and Social Committee, shall adopt the specific programmes.
5. As a complement to the activities planned in the multiannual framework programme, the European Parliament and the Council, acting in accordance with the ordinary legislative procedure and after consulting the Economic and Social Committee, shall establish the measures necessary for the implementation of the European research area.
***
Main changes
The ordinary legislative procedure and the special legislative procedures do not change the substance of the provision.
The new fifth paragraph takes over the substance of Article III-251(4) of the Constitutional Treaty, which means that a specific legal base is created for the European research area.
***
EU research competence
In the general ordering of European Union competence, the Lisbon Treaty deals with research in under shared competence, but with a particular twist. Article 4(3) TFEU states:
3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
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
***
Specific programmes
Cooperation programme
COUNCIL DECISION 2006/971/EC of 19 December 2006 concerning the Specific Programme "Cooperation" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/86, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0086:0242:EN:PDF
***
Ideas programme
COUNCIL DECISION 2006/972/EC of 19 December 2006 concerning the specific programme: "Ideas" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published in OJEU 30.12.2006 L 400/243, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0243:0271:EN:PDF
***
People programme
COUNCIL DECISION 2006/973/EC of 19 December 2006 concerning the specific programme "People" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), was published in OJEU 2006 L 400, but the link did not lead to the first page of the Decision; look for page 270 manually.
***
Capacities programme
COUNCIL DECISION 2006/974/EC of 19 December 2006 on the Specific Programme: "Capacities" implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/299, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0299:0367:EN:PDF
***
Joint Research Centre
COUNCIL DECISION 2006/975/EC of 19 December 2006 concerning the Specific Programme to be carried out by means of direct actions by the Joint Research Centre under the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013), published OJEU 30.12.2006 L 400/368, is available here:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2006:400:0368:0403:EN:PDF
***
European research area
The Commission’s Green Paper The European Research Area: New Perspectives (Text with EEA relevance), Brussels, 4.4.2007 COM(2007) 161 final.
The Green Paper raised a number of questions on how to deepen and widen the European Research Area so that it fully contributes to the renewed Lisbon strategy:
http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2007:0161:FIN:EN:PDF
Based on the consultation, on 2 December 2008 the Council agreed on a European Research Area Vision 2020 and the Commission has launched five new initiatives:
http://ec.europa.eu/research/era/2020_era_vision_en.html
http://ec.europa.eu/research/era/specific-era-initiatives_en.html
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development. General and updated information is available here:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Dear readers, your comments with views and experiences are appreciated.
Ralf Grahn
Friday, 2 January 2009
EU Law: European research coordination
The European research area is gradually taking shape on the ground and the excruciatingly slow process of treaty reform would incorporate some new elements at treaty level, if the EU Treaty of Lisbon enters into force.
The voluntary open method of coordination (OMC) would be enshrined at treaty level with regard to coordination of European Community (European Union) and member states’ policies concerning research and technological development.
How do you evaluate the European Union’s future as a knowledge based society?
***
Article 165 TEC
Article 163 TEC (ex Article 130f) set out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
Article 164 TEC (Article 130g) built on the preceding Article by presenting more concrete activities to achieve the objectives. The Community activities complement the activities in the member states.
Community research activities are to:
1. implement research, technological development and demonstration programmes,
2. promote international cooperation,
3. disseminate and optimise research results, and
4. stimulate training and mobility of researchers.
Article 165 TEC (ex Article 130h) takes up the coordination of research and technological development activities between the European Community and the member states.
The aim is consistency between national policies and Community policy.
The Commission has a non-specified right to take initiatives to promote coordination (but this is not a base for legal acts).
The current Article 165 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/121:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 165 TEC
1. The Community and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Community policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1.
***
Original Lisbon Treaty (ToL)
Article 2, point 137 of the Lisbon Treaty amended Article 165 TEC (OJEU 17.12.2007 C 306/86):
137) The following shall be added at the end of Article 165(2): ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 165 TEC initially became Article 165 TFEU (ToL) before the renumbering of the treaty made it into Article 181 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 181 TFEU
With the specific amendment and after the horizontal amendment replacing the Community by the Union and the renumbering of the Article, Article 181 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/129):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 181 TFEU
(ex Article 165 TEC)
1. The Union and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Union policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
***
Main changes
The substance of the first paragraph of Article 181 TFEU did not change.
The open-ended Commission right to take legally non-binding initiatives took over the text of Article III-250 of the Constitutional Treaty.
The addition gives the Commission’s activities a certain direction, by importing elements of the open method of coordination (OMC).
As a reminder, we recall the Conclusions of the European Council in Lisbon 23 to 24 March 2000 (point 37):
Implementing a new open method of coordination
37. Implementation of the strategic goal will be facilitated by applying a new open method of coordination as the means of spreading best practice and achieving greater convergence towards the main EU goals. This method, which is designed to help Member States to progressively develop their own policies, involves:
- fixing guidelines for the Union combined with specific timetables for achieving the goals which they set in the short, medium and long terms;
- establishing, where appropriate, quantitative and qualitative indicators and benchmarks against the best in the world and tailored to the needs of different Member States and sectors as a means of comparing best practice;
- translating these European guidelines into national and regional policies by setting specific targets and adopting measures, taking into account national and regional differences;
- periodic monitoring, evaluation and peer review organised as mutual learning processes.
***
EU research competence
In the general ordering of European Union competence, the Lisbon Treaty deals with research in under shared competence, but with a particular twist. Article 4(3) TFEU states:
3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Dear readers, your comments with views and experiences are appreciated.
Ralf Grahn
The voluntary open method of coordination (OMC) would be enshrined at treaty level with regard to coordination of European Community (European Union) and member states’ policies concerning research and technological development.
How do you evaluate the European Union’s future as a knowledge based society?
***
Article 165 TEC
Article 163 TEC (ex Article 130f) set out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
Article 164 TEC (Article 130g) built on the preceding Article by presenting more concrete activities to achieve the objectives. The Community activities complement the activities in the member states.
Community research activities are to:
1. implement research, technological development and demonstration programmes,
2. promote international cooperation,
3. disseminate and optimise research results, and
4. stimulate training and mobility of researchers.
Article 165 TEC (ex Article 130h) takes up the coordination of research and technological development activities between the European Community and the member states.
The aim is consistency between national policies and Community policy.
The Commission has a non-specified right to take initiatives to promote coordination (but this is not a base for legal acts).
The current Article 165 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/121:
(TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT)
Article 165 TEC
1. The Community and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Community policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1.
***
Original Lisbon Treaty (ToL)
Article 2, point 137 of the Lisbon Treaty amended Article 165 TEC (OJEU 17.12.2007 C 306/86):
137) The following shall be added at the end of Article 165(2): ‘, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 165 TEC initially became Article 165 TFEU (ToL) before the renumbering of the treaty made it into Article 181 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 181 TFEU
With the specific amendment and after the horizontal amendment replacing the Community by the Union and the renumbering of the Article, Article 181 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/129):
(TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE)
Article 181 TFEU
(ex Article 165 TEC)
1. The Union and the Member States shall coordinate their research and technological development activities so as to ensure that national policies and Union policy are mutually consistent.
2. In close cooperation with the Member State, the Commission may take any useful initiative to promote the coordination referred to in paragraph 1, in particular initiatives aiming at the establishment of guidelines and indicators, the organisation of exchange of best practice, and the preparation of the necessary elements for periodic monitoring and evaluation. The European Parliament shall be kept fully informed.
***
Main changes
The substance of the first paragraph of Article 181 TFEU did not change.
The open-ended Commission right to take legally non-binding initiatives took over the text of Article III-250 of the Constitutional Treaty.
The addition gives the Commission’s activities a certain direction, by importing elements of the open method of coordination (OMC).
As a reminder, we recall the Conclusions of the European Council in Lisbon 23 to 24 March 2000 (point 37):
Implementing a new open method of coordination
37. Implementation of the strategic goal will be facilitated by applying a new open method of coordination as the means of spreading best practice and achieving greater convergence towards the main EU goals. This method, which is designed to help Member States to progressively develop their own policies, involves:
- fixing guidelines for the Union combined with specific timetables for achieving the goals which they set in the short, medium and long terms;
- establishing, where appropriate, quantitative and qualitative indicators and benchmarks against the best in the world and tailored to the needs of different Member States and sectors as a means of comparing best practice;
- translating these European guidelines into national and regional policies by setting specific targets and adopting measures, taking into account national and regional differences;
- periodic monitoring, evaluation and peer review organised as mutual learning processes.
***
EU research competence
In the general ordering of European Union competence, the Lisbon Treaty deals with research in under shared competence, but with a particular twist. Article 4(3) TFEU states:
3. In the areas of research, technological development and space, the Union shall have competence to carry out activities, in particular to define and implement programmes; however, the exercise of that competence shall not result in Member States being prevented from exercising theirs.
***
Commission research activities
The Commission’s Directorate-General Research offers news, information and links to activities concerning research and technological development:
http://ec.europa.eu/research/index.cfm
***
Community research legislation
The Commission’s web page Research and innovation serves as a portal to summaries of EC (EU) law with regard to research and technological development:
http://europa.eu/scadplus/leg/en/s23000.htm
***
Dear readers, your comments with views and experiences are appreciated.
Ralf Grahn
Wednesday, 31 December 2008
EU Law: Research and technological development plus space
Space is added to the Title on research and technological development. The EU Treaty of Lisbon picks up some improvements from the Constitutional Treaty: the European research area and the free movement of researchers (fifth freedom).
***
Article 163 TEC
Article 163 TEC (ex Article 130f) sets out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
The second paragraph of Article 163 TEC presents a rough sketch of activities addressed at businesses, research centres and universities. Small and medium-sized enterprises (SMEs) are indicated specifically among the businesses (undertakings).
Research and technological development is mentioned alongside actions to open up the potential of the internal market (public procurement, common standards and the removal of legal and fiscal obstacles to cooperation).
The third paragraph presents the new concept ‘demonstration projects’, but otherwise it just refers the reader to the following Articles of the Title.
The current Article 163 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/120:
TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 163 TEC
1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other Chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this title.
***
Original Lisbon Treaty (ToL)
Article 2, point 135 of the Lisbon Treaty amended the Title and point 136 amended Article 163 TEC (OJEU 17.12.2007 C 306/85–86):
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
135) The words ‘AND SPACE’ shall be added to the heading of Title XVIII.
136) Article 163 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.’;
(b) in paragraph 2, the words ‘enabling undertakings to exploit the internal market potential
to the full,’ shall be replaced by ‘permitting researchers to cooperate freely across borders
and at enabling undertakings to exploit the internal market potential to the full,’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 163 TEC initially became Article 163 TFEU (ToL) before the renumbering of the treaty made it into Article 179 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 179 TFEU
After specific and horizontal amendments the Article 179 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/128–129):
TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article 179 TFEU
(ex Article 163 TEC)
1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.
2. For this purpose the Union shall, throughout the Union, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Union activities under the Treaties in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title.
***
What changes?
We have seen that space was added to the Title, which has been renumbered XIX. This corresponds with the heading of Section 9 in the Constitutional Treaty.
The first paragraph has taken over the substantial part of Article III-248(1) of the Constitution. The European research area and its description as one in which researchers, scientific knowledge and technology circulate freely can be interpreted to enhance the role of science and technology.
The objective of a more competitive (Union or European research area?) is now more general and less tied in with industry alone.
Permitting researchers to cooperate freely across borders adds a new element from Article III-248(2) of the Constitutional Treaty. The European Council has called for this “fifth freedom” – the free movement of researchers – to become a reality.
In my view, the changes mark a positive qualitative step towards recognition of the importance of knowledge and a more ‘global Europe’. Let us leave a dysfunctional EU budget to another year.
***
I wish all the readers of the Grahnlaw blawg a happy, secure and prosperous new year 2009!
Ralf Grahn
***
Article 163 TEC
Article 163 TEC (ex Article 130f) sets out the research and technology aims of the European Community (European Union), namely to:
1. strengthen the scientific and technological bases of industry,
2. make industry more competitive internationally and
3. promote other research activities.
The second paragraph of Article 163 TEC presents a rough sketch of activities addressed at businesses, research centres and universities. Small and medium-sized enterprises (SMEs) are indicated specifically among the businesses (undertakings).
Research and technological development is mentioned alongside actions to open up the potential of the internal market (public procurement, common standards and the removal of legal and fiscal obstacles to cooperation).
The third paragraph presents the new concept ‘demonstration projects’, but otherwise it just refers the reader to the following Articles of the Title.
The current Article 163 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/120:
TITLE XVIII
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
Article 163 TEC
1. The Community shall have the objective of strengthening the scientific and technological bases of Community industry and encouraging it to become more competitive at international level, while promoting all the research activities deemed necessary by virtue of other Chapters of this Treaty.
2. For this purpose the Community shall, throughout the Community, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Community activities under this Treaty in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this title.
***
Original Lisbon Treaty (ToL)
Article 2, point 135 of the Lisbon Treaty amended the Title and point 136 amended Article 163 TEC (OJEU 17.12.2007 C 306/85–86):
RESEARCH AND TECHNOLOGICAL DEVELOPMENT
135) The words ‘AND SPACE’ shall be added to the heading of Title XVIII.
136) Article 163 shall be amended as follows:
(a) paragraph 1 shall be replaced by the following:
‘1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.’;
(b) in paragraph 2, the words ‘enabling undertakings to exploit the internal market potential
to the full,’ shall be replaced by ‘permitting researchers to cooperate freely across borders
and at enabling undertakings to exploit the internal market potential to the full,’.
***
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 renumbered Title XIX Research and technological development and space in the consolidated version.
Article 163 TEC initially became Article 163 TFEU (ToL) before the renumbering of the treaty made it into Article 179 TFEU in the consolidated version of the Lisbon Treaty (OJEU 17.12.2007 C 306/217–218).
***
Lisbon Treaty consolidated
Article 179 TFEU
After specific and horizontal amendments the Article 179 TFEU appears like this in the consolidated version of the Treaty of Lisbon (OJEU 9.5.2008 C 115/128–129):
TITLE XIX
RESEARCH AND TECHNOLOGICAL DEVELOPMENT AND SPACE
Article 179 TFEU
(ex Article 163 TEC)
1. The Union shall have the objective of strengthening its scientific and technological bases by achieving a European research area in which researchers, scientific knowledge and technology circulate freely, and encouraging it to become more competitive, including in its industry, while promoting all the research activities deemed necessary by virtue of other Chapters of the Treaties.
2. For this purpose the Union shall, throughout the Union, encourage undertakings, including small and medium-sized undertakings, research centres and universities in their research and technological development activities of high quality; it shall support their efforts to cooperate with one another, aiming, notably, at permitting researchers to cooperate freely across borders and at enabling undertakings to exploit the internal market potential to the full, in particular through the opening-up of national public contracts, the definition of common standards and the removal of legal and fiscal obstacles to that cooperation.
3. All Union activities under the Treaties in the area of research and technological development, including demonstration projects, shall be decided on and implemented in accordance with the provisions of this Title.
***
What changes?
We have seen that space was added to the Title, which has been renumbered XIX. This corresponds with the heading of Section 9 in the Constitutional Treaty.
The first paragraph has taken over the substantial part of Article III-248(1) of the Constitution. The European research area and its description as one in which researchers, scientific knowledge and technology circulate freely can be interpreted to enhance the role of science and technology.
The objective of a more competitive (Union or European research area?) is now more general and less tied in with industry alone.
Permitting researchers to cooperate freely across borders adds a new element from Article III-248(2) of the Constitutional Treaty. The European Council has called for this “fifth freedom” – the free movement of researchers – to become a reality.
In my view, the changes mark a positive qualitative step towards recognition of the importance of knowledge and a more ‘global Europe’. Let us leave a dysfunctional EU budget to another year.
***
I wish all the readers of the Grahnlaw blawg a happy, secure and prosperous new year 2009!
Ralf Grahn
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