{
  "url": "https://openlegislation.uk/eu-decision-2009-912/introduction",
  "json_url": "https://openlegislation.uk/eu-decision-2009-912/introduction.json",
  "legislation": "eudn/2009/912",
  "legislation_title": "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)",
  "legislation_url": "https://openlegislation.uk/eu-decision-2009-912",
  "path": "introduction",
  "kind": "introduction",
  "number": null,
  "heading": "Introductory text",
  "text": "Decision No 912/2009/EC of the European Parliament and of the Council\nof 16 September 2009\non the participation by the Community in a European metrology research and development programme undertaken by several Member States\n(Text with EEA relevance)\nTHE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,\nHaving regard to the Treaty establishing the European Community, and in particular Article 169 and the second paragraph of Article 172 thereof,\nHaving regard to the proposal from the Commission,\nHaving regard to the opinion of the European Economic and Social Committee,\nActing in accordance with the procedure laid down in Article 251 of the Treaty,\nWhereas:\n(1)\nDecision No 1982/2006/EC of the European Parliament and of the Council of 18 December 2006 concerning the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (the Seventh Framework Programme) provides for Community participation in research and development (R & D) programmes undertaken by several Member States, including participation in the structures created for the execution of those programmes, within the meaning of Article 169 of the Treaty.\n(2)\nThe Seventh Framework Programme has defined a series of criteria for the identification of areas for such Article 169 initiatives: relevance to Community objectives, a clear definition of the objective to be pursued and its relevance to the objectives of the Framework Programme, the presence of a pre-existing basis (existing or envisaged national research programmes), European added value, a critical mass with regard to the size and the number of programmes involved and the similarity of activities they cover, and the efficiency of Article 169 as the most appropriate means for achieving the objectives.\n(3)\nCouncil Decision 2006/971/EC of 19 December 2006 concerning the specific programme ‘Cooperation’ implementing the Seventh Framework Programme of the European Community for research, technological development and demonstration activities (2007 to 2013) (the specific programme Cooperation) encourages a cross-thematic approach to research topics relevant to one or more themes of the Seventh Framework Programme, and in this context identified an Article 169 initiative in the field of metrology as one of the initiatives suitable for Community participation, in national research programmes jointly implemented on the basis of Article 169 of the Treaty.\n(4)\nMetrology is a cross-disciplinary scientific field which is a vital component of a modern knowledge-based society. Reliable and comparable measurement standards, and appropriate validated measuring and test methods underpin the processes of scientific advancement and technological innovation and thus have a significant impact on the economy and quality of life within Europe.\n(5)\nAt present, a number of R & D programmes or activities undertaken by Member States individually at national level to support R & D in metrology are not sufficiently coordinated at European level and do not allow for the gathering of the necessary critical mass requested in strategic R & D areas.\n(6)\nWith a desire for a coherent approach at European level in the field of metrology and to act effectively, several Member States have taken the initiative of setting up a joint R & D programme entitled ‘European Metrology Research Programme’ (EMRP) in order to respond to the growing demands in Europe for cutting-edge metrology, particularly in emerging technological areas, as a tool for innovation, scientific research and policy support.\n(7)\nIn its work programme for 2007-2008 of 11 June 2007 for the implementation of the specific programme ‘Cooperation’, the Commission provided financial support to the ERA-NET Plus in the field of metrology in order to facilitate the transition between the ‘iMERA’ ERA-NET project and the joint R & D programme in the field of metrology to be implemented on the basis of Article 169 of the Treaty. The result has been the development of the EMRP which has defined the major challenges and activities of the joint programme.\n(8)\nThe EMRP aims to support scientific development and innovation by providing the necessary legal and organisational framework for large-scale European cooperation between Member States on metrology research in any technological or industrial field. 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) have agreed to coordinate and implement jointly activities aimed at contributing to the EMRP. The overall value of their participation is estimated at a minimum of EUR 200 million plus a reserve funding capability of EUR 100 million for the proposed period of seven years.\n(9)\nIn order to increase its impact, the participating States have agreed to Community participation in the EMRP. The Community should participate by making a financial contribution matching that of the participating States up to EUR 200 million for the duration of the EMRP. Given that the EMRP meets the scientific objectives of the Seventh Framework Programme and that actions in the field of metrology are of a horizontal nature or not directly linked to the 10 themes, the EMRP should be supported jointly across all of the relevant themes.\n(10)\nFurther financing options may be available, inter alia, from the European Investment Bank (EIB), in particular through the Risk-Sharing Finance Facility developed jointly with the EIB and the Commission pursuant to Annex III of the specific programme ‘Cooperation’.\n(11)\nCommunity financial support should be provided subject to the definition of a financing plan based on formal commitments from the competent national authorities to implement jointly the R & D programmes and activities undertaken at national level and to contribute to the financing of the joint execution of the EMRP.\n(12)\nThe joint implementation of the national research programmes requires the establishment or existence of a dedicated implementation structure, as provided for in the specific programme ‘Cooperation’. The participating States have agreed on such a dedicated implementation structure to implement the EMRP. The dedicated implementation structure should be the recipient of the Community financial contribution and should ensure the efficient execution of the EMRP.\n(13)\nThe Community financial contribution should be subject to commitments of resources by the participating States and the effective payment of their financial contributions.\n(14)\nWhilst the Joint Research Centre is a department of the Commission, its institutes nevertheless possess research capabilities that are relevant to the EMRP and should be activated in its implementation. It is therefore appropriate to define the role of the Joint Research Centre in terms of its eligibility for participation and for funding and of its involvement in the governance of the EMRP.\n(15)\nThe payment of the Community financial contribution should be subject to the conclusion of a general agreement between the Commission, on behalf of the European Community, and the dedicated implementation structure, containing the detailed arrangements for the use of the Community contribution. That general agreement should contain the necessary provisions to ensure that the financial interests of the Community are protected.\n(16)\nThe interest generated by the Community financial contribution should be considered as assigned revenue, in accordance with Article 18(2) of Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (the Financial Regulation). It should be possible for the Commission to increase the maximum Community contribution provided for in this Decision accordingly.\n(17)\nThe Community should have the right to reduce, withhold or terminate its financial contribution in the event that the EMRP is not implemented or is implemented inadequately, partially or late, or that the participating States do not contribute or contribute only partially or late to the financing of the EMRP, on the terms set out in a general agreement to be concluded between the Community and the dedicated implementation structure.\n(18)\nIn order to implement the EMRP efficiently, financial support should be granted to participants in the EMRP projects selected at the central level under the responsibility of the dedicated implementation structure following calls for proposals. Such financial support and its payment should be transparent and efficient.\n(19)\nThe evaluation of proposals should be performed centrally by independent experts under the responsibility of the dedicated implementation structure. A ranking should be approved by the dedicated implementation structure which should be binding as regards the allocation of funding from the Community financial contribution and from the national budgets earmarked for EMRP projects.\n(20)\nIn accordance with the Financial Regulation 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 (the Implementing Rules), the Community financial contribution should be managed in the framework of indirect centralised management according to Articles 54(2)(c) and 56 of the Financial Regulation and Articles 35, 38(2) and 41 of the Implementing Rules.\n(21)\nAny Member State and any country associated to the Seventh Framework Programme should be entitled to join the EMRP.\n(22)\nIn line with the objectives of the Seventh Framework Programme, the participation of any other country in the EMRP should be possible, where such participation is provided for in the relevant international agreement and both the Commission, on behalf of the Community, and the participating Member States agree to it. In accordance with the Seventh Framework Programme and the rules and conditions set out in this Decision, the Community should have the right to agree conditions relating to its financial contribution to the EMRP concerning the participation of such other countries.\n(23)\nAppropriate measures should be taken 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 interests, 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 irregularities 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).\n(24)\nIt is essential that the research activities carried out under the EMRP conform to basic ethical principles, including those reflected in Article 6 of the Treaty on European Union and in the Charter of Fundamental Rights of the European Union, and follow the principles of gender mainstreaming and gender equality.\n(25)\nThe Commission should conduct an interim evaluation, assessing the quality and efficiency of the implementation of the EMRP and progress towards the objectives set, and also a final evaluation.\n(26)\nThe dedicated implementation structure should encourage the participants in the selected EMRP projects to communicate and disseminate their results and to make this information publicly available,\nHAVE ADOPTED THIS DECISION:",
  "extent": "E+W+S+N.I.",
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "footnote",
      "label": "f1",
      "text": "Opinion of 25 March 2009 (not yet published in the Official Journal)."
    },
    {
      "type": "footnote",
      "label": "f2",
      "text": "Opinion of the European Parliament of 22 April 2009 (not yet published in the Official Journal) and Council Decision of 27 July 2009."
    },
    {
      "type": "footnote",
      "label": "f3",
      "text": "OJ L 412, 30.12.2006, p. 1."
    },
    {
      "type": "footnote",
      "label": "f4",
      "text": "OJ L 400, 30.12.2006, p. 86."
    },
    {
      "type": "footnote",
      "label": "f5",
      "text": "OJ L 248, 16.9.2002, p. 1."
    },
    {
      "type": "footnote",
      "label": "f6",
      "text": "OJ L 357, 31.12.2002, p. 1."
    },
    {
      "type": "footnote",
      "label": "f7",
      "text": "OJ L 312, 23.12.1995, p. 1."
    },
    {
      "type": "footnote",
      "label": "f8",
      "text": "OJ L 292, 15.11.1996, p. 2."
    },
    {
      "type": "footnote",
      "label": "f9",
      "text": "OJ L 136, 31.5.1999, p. 1."
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/eudn/2009/912/introduction",
    "retrieved_at": "2026-11-01T15:16:18.949676+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}