Considerations on COM(2018)437 - Research and Training Programme of Euratom for the period 2021-2025 complementing Horizon Europe - the Framework Programme for Research and Innovation

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dossier COM(2018)437 - Research and Training Programme of Euratom for the period 2021-2025 complementing Horizon Europe - the Framework Programme ...
document COM(2018)437 EN
date May 10, 2021
 
table>(1)One of the aims of the European Atomic Energy Community (the ‘Community’) is to contribute to the raising of the standard of living in the Member States, including by promoting and facilitating nuclear research in the Member States and complementing it by carrying out a Community research and training programme.
(2)Nuclear research can contribute to social well-being, economic prosperity and environmental sustainability by improving nuclear safety, security and radiation protection. Research on radiation protection has led to improvements in medical technologies from which many citizens benefit, and that research can lead to improvements in other sectors such as industry, agriculture, environment and security.

(3)In full respect of the Member States’ right to decide on their energy mix, research results of the programme established by this Regulation could potentially contribute towards a climate neutral energy system in a safe, efficient and secure way.

(4)In order to ensure the continuity of nuclear research at Community level, it is necessary to establish the Research and Training Programme of the Community for the period from 1 January 2021 to 31 December 2025 (the ‘Euratom Programme’). The Euratom Programme should continue carrying out the key research activities of previous programmes, while introducing new specific objectives and using the same mode of implementation.

(5)The Commission’s Report on the interim evaluation of the 2014-18 Euratom Research and Training Programme contains a set of guiding principles for the Euratom Programme. These include: continuing to support nuclear research focused on nuclear safety, safeguards, security, waste management, radiation protection and development of fusion; together with beneficiaries, further improving the organisation and management of the European Joint Programmes in the nuclear field; continuing and reinforcing the Euratom education and training actions for developing relevant competencies which underpin all aspects of nuclear safety, security and radiation protection; further exploiting synergies between Euratom programmes and the other thematic areas of the Union Framework Programme; and further exploiting synergies between direct and indirect actions of the Euratom Programme.

(6)The conception and design of the Euratom Programme is set against the need to establish a critical mass of supported activities. This is to be achieved by establishing a limited number of specific objectives focussed on safe use of nuclear fission for power and non-power applications, maintaining and developing necessary expertise, fostering fusion energy and supporting the policies of the Union and its Member States on nuclear safety, safeguards and security.

(7)The Euratom Programme is a crucial part of the Union’s efforts to further develop technological leadership and promote excellence in nuclear research and innovation, in particular to ensure the highest standards of safety, security, safeguards, radiation protection, safe spent fuel, radioactive waste management and decommissioning in the nuclear field, in accordance with the programme objectives set out in this Regulation.

(8)As all Member States make use of radioactive materials, for example for medical purposes, or have nuclear installations, it is important to ensure the responsible and safe management of spent fuel and radioactive waste, as required by the Council Directive 2011/70/Euratom (1), in order to avoid imposing undue burdens on future generations. The Euratom Programme should continue to improve and support research and development relating to technologies and competencies in the area of spent fuel and radioactive waste management.

(9)In the context of this Regulation, fusion energy research is being implemented in accordance with the European Fusion Roadmap, which outlines the research and developments required to provide the basis for an electricity-generating fusion power plant, and with Council Decision 2007/198/Euratom (2). In the short-to-medium term the key step is the completion of the construction and initial operation of ITER and a vigorous fusion research programme should complement the European activities on ITER in order to support the future ITER operations and the preparation for the demonstration reactor DEMO.

(10)By supporting nuclear research, the Euratom Programme should contribute to achieving the objectives of the Horizon Europe – the Framework Programme for Research and Innovation (‘Horizon Europe’) established by Regulation (EU) 2021/695 of the European Parliament and of the Council (3) and should facilitate the implementation of the Europe 2030 strategy and the strengthening of the European research area.

(11)The Euratom Programme should seek synergies with Horizon Europe and other Union programmes, from their design and strategic planning, through project selection, management, communication, dissemination and exploitation of results, to monitoring, auditing and governance.

(12)The Euratom Programme’s actions should be proportionate, without duplicating or crowding out private financing, and should have a clear European added value. This will ensure consistency between the actions of the Euratom Programme and Union State aid rules, avoiding undue distortions of competition in the internal market.

(13)While it is for each Member State to choose whether or not to make use of nuclear power, it is also acknowledged that nuclear energy plays different roles in different Member States. The Euratom Programme will also contribute through its research activities to fostering a broad discussion among all relevant stakeholders regarding the opportunities and risks of nuclear energy.

(14)To address the needs for education and training, the Euratom Programme should offer support through financial contributions so that researchers in the nuclear field become eligible to benefit from Marie Skłodowska-Curie Actions (MSCA) on an equal footing with researchers in other fields.

(15)This Regulation lays down a financial envelope for the entire duration of the Euratom Programme which is to constitute the prime reference amount, within the meaning of point 18 of the Interinstitutional Agreement of 16 December 2020 between the European Parliament, the Council of the European Union and the European Commission on budgetary discipline, on cooperation in budgetary matters and on sound financial management, as well as on new own resources, including a roadmap towards the introduction of new own resources (4), for the European Parliament and the Council during the annual budgetary procedure.

(16)Regulation (EU, Euratom) 2018/1046 of the European Parliament and of the Council (5) (the ‘Financial Regulation’) applies to the Euratom Programme. The Financial Regulation lays down rules on the implementation of the Union budget, including the rules on grants, prizes, procurement, indirect management, financial instruments, budgetary guarantees, financial assistance and the reimbursement of external experts. Rules adopted on the basis of Article 322 of the Treaty on the Functioning of the European Union (TFEU) also include a general regime of conditionality for the protection of the Union budget.

(17)The types of financing and the methods of implementation under this Regulation should be chosen on the basis of their suitability to achieving the specific objectives of the actions and to deliver results, taking into account, in particular, the costs of controls, the administrative burden, and the expected risk of non-compliance. For grants, this should include consideration of the use of lump sums, flat rates and unit costs.

(18)Particular attention should be paid to ensuring adequate participation of small and medium-sized enterprises (SMEs) and the private sector in general. Quantitative and qualitative assessments of SME participation should be undertaken as part of the evaluation and monitoring arrangements.

(19)The activities developed under the Euratom Programme should aim at eliminating gender inequalities and promoting equality between women and men in research and innovation, in accordance with Articles 2 and 3 of the Treaty on European Union and Article 8 TFEU. The gender dimension should be integrated in research and innovation and followed through at all stages of the research cycle.

(20)With the aim of deepening the relationship between science and society and reinforcing public confidence in science, the Euratom Programme should favour the informed engagement of citizens and civil society in research and innovation matters by promoting science education, making scientific knowledge more accessible, developing responsible research and innovation agendas that meet the concerns and expectations of citizens and civil society, and facilitating the participation of citizens and civil society in activities under the Euratom Programme.

(21)Actions which fall within the scope of the Euratom Programme should respect fundamental rights and observe the principles acknowledged in particular by the Charter of Fundamental Rights of the European Union.

(22)It is important to continue to facilitate the exploitation of intellectual property developed by participants, while protecting the legitimate interests of other participants and the Community in accordance with Title II, Chapter 2 of the Treaty establishing the European Atomic Energy Community (‘the Euratom Treaty’).

(23)In order to ensure the greatest possible impact of Euratom funding, the Community may, where appropriate, consider European Partnerships with public or private sector partners provided that the desired impact can be obtained more effectively in partnership than by the Community alone, when compared to other forms of support of the Euratom Programme. This Regulation should ensure that such partnerships have a clear life-cycle approach of European Partnerships and follow a transparent selection and decision-making process in accordance with Annex III of Regulation (EU) 2021/695.

(24)It should also be possible to address the objectives of the Euratom Programme through financial instruments and budgetary guarantees under programmes based on the TFEU, provided that actions comply with the objectives and rules of such programmes.

(25)In order to ensure the most efficient implementation possible and to achieve a coherent, comprehensive and transparent framework for beneficiaries, participation in the Euratom Programme and dissemination of research results should be subject to the relevant rules of Regulation (EU) 2021/695, with certain adaptations or exceptions. The relevant definitions and main types of action set out in that Regulation should apply to the Euratom Programme.

(26)The participant guarantee fund set up under Horizon 2020 established by Regulation (EU) No 1291/2013 of the European Parliament and the Council (6) and managed by the Commission has proved to be an important safeguard mechanism which mitigates the risks associated with the amounts due and not reimbursed by defaulting participants. Therefore, this safeguard mechanism should be continued. The mutual insurance mechanism established pursuant to Regulation (EU) 2021/695 should cover actions under this Regulation.

(27)The Joint Research Centre (the ‘JRC’) should continue to provide Union and Member States, as appropriate, with independent customer-driven scientific evidence and technical support throughout the whole policy cycle. The direct actions of the JRC should be implemented in a flexible, efficient and transparent manner, taking into account the relevant needs of the users of the JRC and the needs of Union policies, in particular in the field of nuclear safety, safeguards and security, and ensuring the protection of the financial interests of the Union. According to the Council conclusions of 26 April 1994 on the role of the JRC, the JRC should continue to generate additional resources through competitive support activities for Union policies or on behalf of third parties. The JRC should be able to participate in indirect actions, where the relevant work programme so provides.

(28)In accordance with the Financial Regulation, Regulation (EU, Euratom) No 883/2013 of the European Parliament and of the Council (7) and Council Regulations (EC, Euratom) No 2988/95 (8), (Euratom, EC) No 2185/96 (9) and (EU) 2017/1939 (10), the financial interests of the Union are to be protected by means of proportionate measures, including measures related to the prevention, detection, correction and investigation of irregularities, including fraud, to the recovery of funds lost, wrongly paid or incorrectly used, and, where appropriate, to the imposition of administrative penalties. In particular, in accordance with Regulations (Euratom, EC) No 2185/96 and (EU, Euratom) No 883/2013, the European Anti-Fraud Office (OLAF) has the power to carry out administrative investigations, including on-the-spot checks and inspections, with a view to establishing whether there has been fraud, corruption or any other illegal activity affecting the financial interests of the Union.

The European Public Prosecutor’s Office (the ‘EPPO’) is empowered, in accordance with Regulation (EU) 2017/1939, to investigate and prosecute criminal offences affecting the financial interests of the Union as provided for in Directive (EU) 2017/1371 of the European Parliament and of the Council (11). In accordance with the Financial Regulation, any person or entity receiving Union funds is to fully cooperate in the protection of the financial interests of the Union, grant the necessary rights and access to the Commission, OLAF, the Court of Auditors and, in respect of those Member States participating in enhanced cooperation pursuant to Regulation (EU) 2017/1939, the EPPO, and ensure that any third parties involved in the implementation of Union funds grant equivalent rights.

(29)Third countries may participate on the basis of their respective legal instruments. A specific provision should be introduced in this Regulation requiring third countries to grant the necessary rights and access required for the authorising officer responsible, OLAF and the Court of Auditors to comprehensively exert their respective competences.

(30)In order to ensure uniform conditions for the implementation of the actions under the Euratom Programme and their monitoring and evaluation, implementing powers should be conferred on the Commission. Those powers should be exercised in accordance with Regulation (EU) No 182/2011 of the European Parliament and of the Council (12).

(31)Pursuant to paragraph 22 and 23 of the Interinstitutional agreement of 13 April 2016 on Better Law-Making (13), the Euratom Programme should be evaluated on the basis of information collected in accordance with specific monitoring requirements, while avoiding an administrative burden, in particular on Member States, and overregulation. Those requirements, where appropriate, should include measurable indicators as a basis for evaluating the effects of the Euratom Programme on the ground.

(32)The Board of Governors of the JRC, set up by Commission Decision 96/282/Euratom (14), has been consulted on the scientific and technological content of the direct actions of the JRC.

(33)The European Parliament has been consulted on a voluntary basis and has delivered an opinion (15). The European Economic and Social Committee has also been consulted on a voluntary basis and has delivered an opinion (16).

(34)For reasons of legal certainty, Council Regulation (Euratom) 2018/1563 (17) should be repealed.

(35)In order to ensure continuity in providing support in the relevant policy area and to allow implementation to start from the beginning of the multi-annual financial framework 2021-2027, this Regulation should enter into force as a matter of urgency and should apply, with retroactive effect, from 1 January 2021,