Considerations on 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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(1) In accordance with Article 166(3) of the Treaty, Decision No 967/2006/EC of the European Parliament and of the Council of 20 december 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007-2013) 1 (hereinafter referred to as "the Framework Programme") is to be implemented through Specific Programmes that define detailed rules for their implementation, fix their duration and provide for the means deemed necessary.

(2) The Framework Programme is structured in four types of activities: trans-national cooperation on policy-defined themes ("Cooperation"), investigator-driven research based on the initiative of the research community ("Ideas"), support of training and career development of researchers ("People"), and support of research capacities ("Capacities"). Activities under 'Capacities' as regards indirect actions should be implemented by this Specific Programme.

(3) The rules for the participation of undertakings, research centres and universities and for the dissemination of research results, for the Framework Programme (hereinafter referred to as "the rules for participation and dissemination") should apply to this Specific Programme.

OJ L 391, 30.12.2006.

(4) The Framework Programme should complement the activities carried out in the Member States as well as other Community actions that are necessary for the overall strategic effort for the implementation of the Lisbon objectives, alongside in particular those on structural funds, agriculture, education, training, culture, competitiveness and innovation, industry, health, consumer protection, employment, energy, transport and environment.

(5) Innovation and SME-related activities supported under this Framework Programme should be complementary to those undertaken under the Framework Programme for Competitiveness and Innovation which will contribute to closing the gap between research and innovation, and promote all forms of innovation.

(6) Implementation of the 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.

(7) This Specific Programme should provide a contribution to the European Investment Bank (EIB) for the constitution of a 'Risk-Sharing Finance Facility' in order to improve access to EIB loans.

(8) As provided for under Article 170 of the Treaty, 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 further integrating the Community into the world-wide research community. Therefore, this Specific Programme should be open to the participation of countries having concluded agreements to this effect and should be also open on the project level, and on the basis of mutual benefit, to the participation of entities from third countries and of international organisations for scientific cooperation.

(9) Research activities carried out within this programme should respect fundamental ethical principles, including those which are reflected in the Charter of Fundamental Rights of the European Union.

(10) The implementation of the Framework Programme should contribute towards promoting sustainable development.

(11) Sound financial management of the Framework Programme and its implementation should be ensured in the most effective and user-friendly manner possible, while ensuring legal certainty and the accessibility of the programme for all participants, in compliance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities1 and Commission Regulation (EC, Euratom) 2342/20022 laying down detailed rules for the implementation of that Financial Regulation and any future amendments.

OJ L 248, 16.9.2002, p. 1.

OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1261/2005 (OJ L 201, 2.8.2005, p. 3).

(12) Appropriate measures - proportionate to the European Communities' financial interests -should be taken to monitor both the effectiveness of the financial support granted and the effectiveness of the utilisation of these funds in order to prevent irregularities and fraud and the necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Council Regulation (EC, Euratom) No 2988/95 of

18 December 1995 on the protection of the European Communities' financial interests1, Council Regulation (Euratom, EC) No 2185/96 of 11 November 1996 concerning on-the-spot checks and inspections carried out by the Commission in order to protect the European Communities' financial interests against fraud and other irregularities2 and Regulation (EC) No 1073/1999 of the European Parliament and of the Council concerning investigations conducted by the European Anti-Fraud Office (OLAF)3.

(13) Since the measures necessary for the implementation of this Decision are essentially management measures, they should therefore be adopted by the management procedure provided for in Article 4 of Council Decision 1999/468/EC of 28 June 1999, laying down the procedures for the exercise of implementing powers conferred on the Commission4. On the other hand research involving the use of human embryos and human embryonic stem cells raises specific ethical issues, as described in Article 4 of this Decision. Therefore, measures for the financing of such projects should be adopted by the regulatory procedure provided for in Article 5 of Decision 1999/468/EC.

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OJ L 312, 23.12.1995, p. 1.

OJ L 292, 15.11.1996, p. 2.

OJ L 136, 31.5.1999, p. 1.

OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(14) The 'Capacities' Specific Programme should have its own budget line in the General Budget of the European Communities.

(15) In the implementation of this programme adequate attention needs to be paid to gender mainstreaming, as well as to, inter alia, the working conditions, transparency of recruitment processes, and career development as regards the researchers recruited on projects and programmes funded under the actions of this programme, for which the Commission Recommendation of 11 March 2005 on the European Charter for Researchers and on a Code of Conduct for the Recruitment of Researchers offers a reference framework, while respecting its voluntary nature.