Decision No 912/2009/EC of the European Parliament and of the Council of 16 September 2009 on the participation by the Community in a European metrology research and development programme undertaken by several Member States (Text with EEA relevance)

1 The Community shall make a financial contribution to the ‘European Metrology Research Programme’ (the EMRP) undertaken jointly by Belgium, the Czech Republic, Denmark, Germany, Estonia, Spain, France, Italy, Hungary, the Netherlands, Austria, Poland, Portugal, Romania, Slovenia, Slovakia, Finland, Sweden and the United Kingdom, as well as Norway, Switzerland and Turkey (the participating States).

2 The Community shall, for the duration of the Seventh Framework Programme and in accordance with the principles set out in Annexes I and II which form an integral part of this Decision, make a financial contribution matching that of the participating States but not exceeding EUR 200 million, to be paid from the appropriations of the general budget of the European Union.

3 The Community financial contribution shall be paid jointly from the budget appropriations allocated to all the relevant themes of the specific programme ‘Cooperation’.

The Community financial contribution shall be conditional upon: (a) demonstration by the participating States that the EMRP as described in Annex I has been efficiently established; (b) the formal establishment of a dedicated implementation structure with legal personality which shall be responsible for the implementation of the EMRP and for receiving, allocating and monitoring the Community financial contribution in the framework of indirect centralised management in accordance with Articles 54(2)(c) and 56 of the Financial Regulation and Articles 35, 38(2) and 41 of the Implementing Rules; (c) the establishment of an appropriate and efficient governance model for the EMRP in accordance with Annex II; (d) efficient performance of the activities of the EMRP described in Annex I by the dedicated implementation structure, which includes the launch of calls for proposals; (e) the commitment by each participating State to contribute its share of financing for the EMRP, and to increase this contribution by a reserve funding capability of 50 % in order to manage a high success rate among its participants in the EMRP projects, and the effective payment of the financial contribution to beneficiaries; (f) compliance with Community State aid rules, and in particular with the Community Framework for State Aid for Research, Development and Innovation ; (g) ensuring a high level of scientific excellence and observance of ethical principles in accordance with the general principles of the Seventh Framework Programme, and of gender mainstreaming and gender equality, and sustainable development; (h) the formulation of provisions governing the intellectual property rights arising from the activities carried out under the EMRP and the implementation and coordination of the R & D programmes and activities undertaken at national level by the participating States in such a way that they aim at promoting the creation of knowledge and at supporting the wide use and dissemination of such knowledge. The approach taken shall follow the model established by 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 to 2013) (the Rules for Participation in the Seventh Framework Programme).

1 The core activity of the EMRP shall consist of funding multi-partner trans-national EMRP projects addressing research, technological development, training and dissemination activities (EMRP projects). In view of the concentrated capacities in metrology, the core part of the EMRP projects shall be executed by National Metrology Institutes and Designated Institutes (namely, specialist institutes responsible for certain national standards and associated services that are not covered by the activities of the National Metrology Institutes) from participating States.

2 In order to increase and diversify capacities in metrology, the EMRP shall also fund several researcher grant schemes which shall complement the EMRP projects.

3 The EMRP projects shall be selected and the researcher grants awarded following calls for proposals respecting the principles of equal treatment, transparency, independent evaluation, co-financing, funding not giving rise to profit and non-retroactivity referred to in Article 112(1) of the Financial Regulation, set out in Annex I of this Decision.

4 The core evaluation criteria shall be, mutatis mutandis, those of Article 15(1)(a) and (b) of the Rules for Participation in the Seventh Framework Programme for the EMRP projects and researcher grant schemes, respectively. The call for proposals shall concretise the core evaluation criteria. Additional criteria may be introduced provided that they are published in the call for proposals, are non-discriminatory and do not prevail over the core evaluation criteria.

5 Further details concerning the implementation of the activities of the EMRP are set out in Annex I.

1 The Joint Research Centre of the Commission shall be eligible for participation in, and for funding by, the EMRP under conditions comparable to those of the National Metrology Institutes of participating States.

2 The own resources of the Joint Research Centre, which are not covered by EMRP funding, shall not count as a Community financial contribution within the scope of Article 1.

3 The institute of the Joint Research Centre that is responsible for metrology, as a department of the Commission acting on behalf of the Community, shall be entitled to participate in the implementation of the EMRP within the dedicated implementation structure as an observer without voting rights.

The detailed arrangements for the management and control of funds and the protection of the Communities’ financial interests shall be laid down in a general agreement and annual financial agreements to be concluded between the Commission, on behalf of the Community, and the dedicated implementation structure. The general agreement shall in particular include the following provisions: 1. a definition of the tasks assigned; 2. the conditions and detailed arrangements for performance of the tasks, including appropriate provisions for demarcating responsibilities and organising the controls to be carried out; 3. the rules on reporting to the Commission on performance of the tasks; 4. the conditions concerning termination of the performance of the tasks; 5. the detailed arrangements for Commission scrutiny; 6. the conditions governing the use of separate bank accounts, and the treatment of the interest yielded; 7. the provisions guaranteeing the visibility of Community action in relation to the other activities of the dedicated implementing structure; 8. an undertaking to refrain from any act which may give rise to a conflict of interests within the meaning of Article 52(2) of the Financial Regulation; 9. the provisions governing the intellectual property rights arising from the activities carried out under the EMRP referred to in Article 2; 10. a list of criteria to be used in the interim and final evaluations, including those referred to in Article 13.

In accordance with Article 18(2) of the Financial Regulation, the interest generated by the Community financial contribution allocated to the EMRP shall be considered as assigned revenue. The maximum Community contribution referred to in Article 1(2) of this Decision may be increased accordingly by the Commission.

Where the EMRP is not implemented or is implemented inadequately, partially or late, the Community may reduce, withhold or terminate its financial contribution in line with the actual implementation of the EMRP. Where the participating States do not contribute or contribute only partially or late to the financing of the EMRP, the Community may reduce its financial contribution in line with the actual amount of public funding allocated by the participating States in accordance with the terms laid down in the general agreement to be concluded between the Commission and the dedicated implementation structure.

In implementing the EMRP, the participating States shall take the legislative, regulatory, administrative or other measures necessary for protecting the Communities’ financial interests. In particular, the participating States shall take the necessary measures to ensure full recovery of any amounts due to the Community in accordance with Article 54(2)(c) of the Financial Regulation and Article 38(2) of the Implementing Rules.

The Commission and the Court of Auditors shall be entitled, through their officials or agents, to carrying out all the checks and inspections needed to ensure proper management of Community funds and to protect the Communities’ financial interest against any fraud or irregularity. To this end, the participating States and/or the dedicated implementation structure shall, in due course, make all relevant documents available to the Commission and the Court of Auditors.

The Commission shall communicate all relevant information to the European Parliament, the Council and the Court of Auditors. The participating States shall be invited to submit to the Commission, through the dedicated implementation structure, any additional information required by the European Parliament, the Council and the Court of Auditors concerning the financial management of the dedicated implementation structure that is consistent with the overall reporting requirements set out in Article 13.

Any Member State and any country associated to the Seventh Framework Programme shall be entitled to join the EMRP in accordance with the criteria set out in Article 2(e) and (f) of this Decision and shall be treated as a participating State.

The participating States and the Commission may agree to the participation of any other country subject to the criteria set out in Article 2(e) and provided that such participation is provided for by the relevant international agreement. They shall define the conditions under which legal entities established and individuals resident in such countries shall be eligible for EMRP funding.

The annual report on the Seventh Framework Programme presented to the European Parliament and the Council pursuant to Article 173 of the Treaty shall include a report of the activities of the EMRP. An interim evaluation of the EMRP shall be carried out by the Commission three years after the start of the EMRP. This evaluation shall cover progress towards the objectives set out in Annex I, as well as recommendations of the EMRP on the most appropriate ways to further enhance integration and the quality and efficiency of the implementation, including scientific, management and financial integration and whether the level of the financial contributions of the participating States is appropriate, given the potential demand from their various national research communities. The Commission shall communicate to the European Parliament and the Council the conclusions thereof, accompanied by its observations and, where appropriate, proposals to amend this Decision. At the end of Community participation in the EMRP but no later than in 2017, the Commission shall, with the assistance of an independent expert group, conduct a final evaluation of the general, specific and operational objectives of the EMRP. This group shall base its assessment on, inter alia, the following indicators: (a) the scientific excellence of the projects and grants awarded as measured by the number of publications, patents and other scientific output indicators; (b) the level of participation in the programme by outside researchers and research institutions; (c) the increase in metrology capacity of Member States and countries associated to the Seventh Framework Programme whose metrology programmes are at an early stage of development; (d) the number and quality of training activities; (e) the number and quality of activities related to metrology communication and diffusion. The results of the final evaluation shall be presented to the European Parliament and the Council.

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.