Council Decision of 19 December 2011 concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013) (2012/95/Euratom) (repealed)

Council Decision

of 19 December 2011

concerning the specific programme, to be carried out by means of direct actions by the Joint Research Centre, implementing the Framework Programme of the European Atomic Energy Community for nuclear research and training activities (2012-2013)

(2012/95/Euratom) (repealed)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Atomic Energy Community, and in particular Article 7 thereof,

Having regard to the proposal from the European Commission submitted after consultation of the Scientific and Technical Committee,

Having regard to the opinion of the European Parliament(1),

Having regard to the opinion of the European Economic and Social Committee(2),

Whereas:

(1) In accordance with Council Decision 2012/93/Euratom of 19 December 2011 concerning the Framework Programme of the European Atomic Energy Community for research and training activities (2012-2013)(3) (hereinafter ‘the Framework Programme’) 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 comprises two types of activities: indirect actions in fusion energy research and research on nuclear fission, safety and radiation protection, and direct actions for activities of the Joint Research Centre (JRC) in the field of nuclear waste management, environmental impact, safety and security, especially related to nuclear events and taking into account lessons learned from previous experiences. The direct actions should be implemented by this specific programme.

(3) The JRC should implement the research and training activities to be carried out by means of direct actions under this specific programme.

(4) In implementing its mission, the JRC should provide customer-driven scientific and technical support to the Union policymaking process, ensuring support for the implementation and monitoring of existing policies and responding to new policy demands. In order to achieve its mission, the JRC should carry out research of the highest European quality, including by maintaining its own level of scientific excellence.

(5) In implementing this specific programme, emphasis should be given to promoting the mobility and training of researchers and promoting innovation, in the Union. In particular, the JRC should provide appropriate training in nuclear safety and security.

(6) This specific programme should be implemented in a flexible, efficient and transparent manner, taking into account the relevant needs of the JRC users and Union policies, while protecting the Union financial interests. The research activities carried out under this specific programme should be adapted where appropriate to these needs and to scientific and technological developments and aim to achieve scientific excellence.

(7) For implementing this specific programme, cooperation under the Agreement on the European Economic Area or under an Association Agreement may be complemented by international cooperation, in particular on the basis of Article 2(h), Article 101 and Article 102 of the Treaty, with third countries and international organisations.

(8) In the context of enlargement and integration activities, the JRC aims to promote the integration of the organisations and researchers of new Member States within its activities in particular for implementing of the science and technology components of the Union acquis, as well as increased cooperation with organisations and researchers from accession and candidate countries. A progressive opening should also be envisaged towards the neighbouring countries, specifically on priority topics of the European Neighbourhood Policy.

(9) The JRC should continue to generate additional resources through competitive activities. These include participation in the indirect actions of the Framework Programme, third-party work and, to a lesser extent, the exploitation of intellectual property.

(10) Sound financial management of this specific programme and its implementation should be ensured in an effective and user-friendly manner, while ensuring legal certainty and the accessibility of the results of the programme for all participants, in accordance with Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities(4) and Commission Regulation (EC, Euratom) No 2342/2002 of 23 December 2002 laying down detailed rules for the implementation of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities(5).

(11) Appropriate measures — proportionate to the Union’s 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. The necessary steps should be taken to recover funds lost, wrongly paid or incorrectly used in accordance with Regulation (EC, Euratom) No 1605/2002, Regulation (EC, Euratom) No 2342/2002, Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests(6), Council Regulation (EC, Euratom) 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 irregularities(7) and Regulation (EC) No 1073/1999 of the European Parliament and of the Council of 25 May 1999 concerning investigations conducted by the European Anti-Fraud Office (OLAF)(8).

(12) The Commission should in due course arrange for an independent assessment to be conducted concerning the activities carried out in the fields covered by this specific programme.

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

HAS ADOPTED THIS DECISION:

(1)

Opinion of 15 November 2011 (not yet published in the Official Journal). Opinion delivered following non-compulsory consultation.

(2)

OJ C 318, 29.10.2011, p. 127. Opinion delivered following non-compulsory consultation.

(3)

See page 25 of this Official Journal.

(4)

OJ L 248, 16.9.2002, p. 1.

(5)

OJ L 357, 31.12.2002, p. 1.

(6)

OJ L 312, 23.12.1995, p. 1.

(7)

OJ L 292, 15.11.1996, p. 2.

(8)

OJ L 136, 31.5.1999, p. 1.