Legal provisions of COM(2005)443 - Specific Programme: "Capacities" implementing the 7th Framework Programme (2007-2013) of the EC for research, technological development and demonstration activities

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dossier COM(2005)443 - Specific Programme: "Capacities" implementing the 7th Framework Programme (2007-2013) of the EC for research, technological ...
document COM(2005)443 EN
date December 19, 2006


Article 1

The Specific Programme 'Capacities' for Community activities in the area of research and technological development, including demonstration activities, hereinafter the "Specific Programme" is hereby adopted for the period from 1 January 2007 to 31 December 2013.

Article 2

The Specific Programme shall support the activities for 'Capacities', supporting key aspects of European research and innovation capacities as follows:

(a)    research infrastructures;

(b)    research for the benefit of small and medium sized enterprises (SMEs);

(c)    regions of knowledge;

(d)    research potential;

(e)    science in society;

(f)    support for the coherent development of research policies;

(g)    activities of international    cooperation.

Implementation of this Specific Programme may give rise to supplementary programmes involving the participation of certain Member States only, the participation of the Community in programmes undertaken by several Member States, or the setting up of joint undertakings or other arrangements within the meaning of Articles 168, 169 and 171 of the Treaty.

The objectives and the broad lines of these activities are set out in Annex I.

Article 3

In accordance with Annex II of the Framework Programme, the amount deemed necessary for the execution of the Specific Programme shall be EUR 4 097 million, of which less than 6 % shall be for the Commission's administrative expenditure. An indicative breakdown of this amount is given in Annex II.

Article 4

1. All research activities carried out under the Specific Programme shall be carried out in

compliance with fundamental ethical principles.

2. The following fields of research shall not be financed under this programme:

- research activity aiming at human cloning for reproductive purposes,

- research activity intended to modify the genetic heritage of human beings which could make such changes heritable1,

- research activities intended to create human embryos solely for the purpose of research or for the purpose of stem cell procurement, including by means of somatic cell nuclear transfer.

Research relating to cancer treatment of the gonads may be financed.

3. Research on human stem cells, both adult and embryonic, may be financed, depending both on the contents of the scientific proposal and the legal framework of the Member State(s) involved.

Any application for financing for research on human embryonic stem cells shall include, as appropriate, details of licensing and control measures that will be taken by the competent authorities of the Member States as well as details of the ethical approval(s) that will be provided.

As regards the derivation of human embryonic stem cells, institutions, organisations and researchers shall be subject to strict licensing and control in accordance with the legal framework of the Member State(s) involved.

4. The fields of research set out above shall be reviewed for the second phase of this programme (2010-2013) in the light of scientific advances.

Article 5

1. The Specific Programme shall be implemented by means of the funding schemes established in Annex III to the Framework Programme.

2. Annex III to this Specific Programme sets out the arrangements for a grant to the European Investment Bank for the establishment of a Risk-Sharing Finance Facility.

3. Annex IV to this Specific Programme sets out a possible initiative for the joint implementation of national research programmes that could be the subject of a separate decision on the basis of Article 169 of the Treaty.

4. The rules for participation and dissemination shall apply to this Specific Programme.

Article 6

1. The Commission shall draw up a work Programme for the implementation of the Specific Programme, setting out in greater detail the objectives and scientific and technological priorities set out in Annex I, the funding scheme to be used for the topic which proposals are invited, and the timetable for implementation.

2. The Work Programme shall take account of relevant research activities carried out by the Member States, associated countries and European and international organisations, and the achievement of European added value as well as the impact on industrial competitiveness and the relevance for other Community policies. It shall be updated where appropriate.

3. Proposals for indirect actions under the funding schemes shall be evaluated and projects selected considering the criteria set out in Article 15(1a) of the rules for participation and dissemination.

4. The Work Programme may identify:

(a)    organisations that receive subscriptions in the form of a membership fee;

(b)    support actions for the activities of specific legal entities.

Article 7

1. The Commission shall be responsible for the implementation of the Specific Programme.

2. The management procedure laid down in Article 8(2) shall apply for the adoption of the

following measures:

(a)    the work programme referred to in Article 6 including the funding schemes to be used, the content of the calls for proposals and the evaluation and selection criteria to be applied;

(b)    any adjustment to the indicative breakdown of the amount as set out in Annex II;

(c)    the approval of the funding of activities referred to in points (a) to (g) of Article 2, where the estimated amount of the Community contribution under this programme is equal to, or more than, EUR 0,6 million;

(d)    the drawing up of the terms of reference for the evaluations provided for in Articles 7(2) and 7(3) of the Framework Programme.

3. The regulatory procedure laid down in Article 8(3) shall apply for the approval of the

funding of activities involving the use of human embryos and human embryonic stem cells.

Article 8

1. The Commission shall be assisted by a Committee

2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.

The period laid down for in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3. Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall

apply.

The period laid down for in Article 5(6) of Decision 1999/468/EC shall be set at two months.

4. The Commission shall regularly inform the Committee of the overall progress of the implementation of the Specific Programme, and shall provide it with timely information on all RTD actions proposed or funded under this programme as specified in Annex V.

5.

The Committee shall adopt its rules of procedure.

Article 9

The Commission shall arrange for the independent monitoring, assessment and review provided for in Article 7 of the Framework Programme to be conducted concerning the activities carried out in the fields covered by the Specific Programme.

Article 10

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

This Decision is addressed to the Member States.