Explanatory Memorandum to COM(2016)75 - Amendment of the decision on the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical guidelines for this programme - Main contents
Please note
This page contains a limited version of this dossier in the EU Monitor.
| dossier | COM(2016)75 - Amendment of the decision on the Research Programme of the Research Fund for Coal and Steel and on the multiannual technical ... |
|---|---|
| source | COM(2016)75  |
| date | 18-02-2016 |
1. CONTEXT OF THE PROPOSAL
• Objectives of the proposal
The purpose of this proposal is to amend the legal basis of the research programme dedicated to the Coal and Steel sectors after the periodical assessment of its management rules with a view to implement the following objectives:
• Ensuring a transparent management of a programme funded by the EU general budget and under the responsibility of the Commission with the implementation of the rules of the Commission concerning expert groups;
• Facilitating access to funding for beneficiaries with simplified rules and through a proportionate alignment with the rules of the general research programme ‘Horizon 2020’ with which Coal and Steel stakeholders are familiar;
• Updating the provisions referred to in the legal basis concerning in particular comitology.
• General context
After the expiry of the European Coal and Steel Community (ECSC) Treaty in 2012 and under a Protocol annexed to the EU Treaties, the European Member States established the new “Research Fund for Coal and Steel” (RFCS) and transferred all remaining assets of the (expired) ECSC to this new fund.
The RFCS Programme provides annually around 50 M€ of R&D and Innovation funding to both coal and steel sectors (with a distribution of 27,2 % for coal and 72,8 % for steel) bringing together industrial partners, SMEs, leading research centres and universities across the European Union to develop knowledge and foster innovation. It covers production processes, utilisation and conservation of resources, environmental improvements and safety at work in sectors related to the coal and steel industry. The Programme is funded by the EU general budget with the revenues generated by the remaining assets of the (expired) ECSC. It is managed by and under the responsibility of the Commission.
The legal basis laying down the management rules of the RFCS was adopted by the Council in 2003 1 and has already been revised in 2008 2 . It provides for systematic periodical reassessments of the programme’s relevance and of the effectiveness of its management rules (multiannual technical guidelines).
• Consistency with existing provisions in the policy area
The legal framework concerning ‘Horizon 2020’, the European Union programme for research and innovation (2014-2020) and in particular the Regulation of the European Parliament and of the Council laying down the rules for participation and dissemination in ‘Horizon 2020’ influence the revision of the multiannual guidelines for RFCS, since the latter is designed to complement the actions undertaken under the Framework Programme H2020 (Article 2 of the legal basis). This complementarity applies at different levels (e.g. research topics, the type of instrument involved in the programmes, and their budgets, etc).
The proposed revision of the RFCS legal basis is focused on the management rules of the RFCS programme (chapter III) and aligns, as much as possible the procedures and concepts used for H2020 to facilitate the participation of same beneficiaries to both programmes (RFCS and H2020). In particular:
• The different category of actors in a funded project (participant, subcontractor, third party), their eligibility and obligations are defined in accordance with the definitions used in H2020 programme (new Article 29a);
• The H2020 appointment procedure for independent experts charged with the evaluation of proposals submitted applies for the appointment of independent experts in the RFCS programme (Article 39);
• The possibility to charge as eligible costs an amount fixed by the Commission as Staff costs for SME’s owners and other natural persons not receiving a salary is authorised (Article 33).
• Consistency with Commission’s horizontal rules
A clarification on the nature of the experts appointed by the Commission to attend the Advisory Groups and the Technical Groups set up by the legal basis of the RFCS Programme is required to avoid any conflict of interests. The revised provisions are implementing the horizontal rules of the Commission concerning its advisory groups (Communication from the President to the Commission: Framework for Commission Expert Groups Horizontal rules and public register C(2010)7649).
To this end, the composition and tasks of the Advisory Groups (Articles 21 and 22) and the composition and tasks of the Technical Groups (Article 23) are revised. The competencies of the Advisory Groups are focused on the management rules and procedures, the segregation between Advisory and Technical groups is enhanced and the appointment procedure of their members is clarified.
2. LEGAL BASIS, SUBSIDIARITY AND PROPORTIONALITY
• Justification for the revision
The legal basis of the RFCS provides for two systematic periodical assessments:
• on the relevance of the programme : “The Commission shall carry out a monitoring exercise of the Research Programme, including an assessment of the expected benefits. A report on that exercise shall be issued by the end of 2013, and thereafter every seven years” (Article 38 of the Council Decision 2008/376/EC);
• on the effectiveness of the management rules: "The multiannual technical guidelines laid down in Chapter III shall be reviewed every seven years, first period ending on 31 December 2014. To this end, and at the latest in the first six months of the last year of each seven-year period, the Commission shall reassess the operation and the effectiveness of the multiannual technical guidelines and, where appropriate, propose any amendment.”(Article 40 of Council Decision 2008/376/EC).
On this basis, the Commission has completed in 2013 a Monitoring and Assessment exercise and has reassessed in 2014 the multiannual technical guidelines laid down in Decision 2008/376/EC.
While the Monitoring and Assessment exercise confirmed that the RFCS has fulfilled its mandate to support the competitiveness of the coal and steel industry, the assessment of the operation and the effectiveness of the multiannual technical guidelines confirmed that some changes were necessary to ensure a transparent, sound and efficient management of the RFCS and an appropriate level of simplification.
• Subsidiarity and choice of the instrument
Under the legal basis, only the Commission is entrusted with the management of the RFCS Programme. Amendements to the management rules of the programme can only be made at EU level, through the revision of the legal basis.
• Proportionality
The provisions concerning the Advisory Groups and the Technicals Groups have been aligned with the Commission horizontal rules on transparency while maintaining the architecture of the RFCS legal basis (the number of Groups as well as their core competencies are maintained) and ensuring a high level of professional expertise expected by the Commission from these groups (composition of the groups, appointment process).
3. STAKEHOLDER CONSULTATIONS
The RFCS stakeholders have been involved on the basis of a draft proposal in several ad-hoc meetings, specific Advisory Group meetings (Coal Advisory Group – CAG, Steel Advisory Group - SAG) and COSCO meetings (equivalent to the Programme Committee in Horizon 2020). Members of these groups had the opportunity to comment the draft proposal and the Commission services had the opportunity to explain the rationale behind the proposal and in particular the revised rules concerning the appointment of the members of the Advisory and Technical groups which have been detailed afterwards during the Commission’s interservice consultation.
4. BUDGETARY IMPLICATION
The proposal has no budgetary implication.
5. OTHER ELEMENTS
The revision concerns the sole Chapter III of the legal basis (multiannual technical guidelines). The objectives and the scope of the Programme are unchanged.
Only the following Articles require modification: Articles 21, 22, 24, 25, 27, 28, 29, 33, 38, 39, 41, 42 and a new Article 29a is inserted. All the orther Articles are unchanged.
Beyond minor changes or updates, the substantial changes have been explained above : transparency rules for expert groups set up by the Commission (Articles 21, 22, 24), staff costs charged for SME’s owners and other natural persons not receiving a salary (Article 33), and alignment with H2020 rules for the conditions of participation to funded projects for participants, subcontractors and third parties (Article 29a).