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,7(06'(%$7(' EUROPEAN AREA OF RESEARCH AND INNOVATION – COUNCIL RESOLUTION...... IV ITER ...... VII BSE AND CREUTZFELDT-JAKOB DISEASE – COUNCIL CONCLUSIONS ...... VII EUROPEAN SPACE STRATEGY – COUNCIL RESOLUTION...... VII OTHER BUSINESS...... X Science Academy ...... X Dissemination of information on science and technology (Alpha Galileo) ...... X European approach to therapeutic trials concerning AIDS...... X Science and society ...... X Scientific and technical cooperation in the framework of Euro-Med ...... X

,7(06$33529(':,7+287'(%$7( 5(6($5&+ ; − Agreement on Cooperation in Science and Technology between the Community and Russia ...... X &86720681,21 ;, − Regulation on statistics for information technology products...... XI (;7(51$/5(/$7,216 ;, − Summit between the EU and the countries of the Western Balkans ...... XI − Enlargement...... XI &200(5&,$/32/,&< ;, − Anti-dumping - imports of glycine (People's Republic of China) ...... XI ,167,787,21$/0$77(56 ;,, − Amendments to the Rules of Procedure of the Court of Justice and the Court of First Instance...... XII 75$163$5(1&< ;,,, − Public access to documents...... XIII

BBBBBBBBBBBBBBBBB )RUIXUWKHULQIRUPDWLRQFDOORU 3$57,&,3$176 The Governments of the Member States and the European Commission were represented as follows: %HOJLXP Mr Serge KUBLA Vice-Minister-President and Minister for Economic Affairs, SMEs, Research and New Technologies (Walloon Region) Mr Yvan YLIEFF Minister for Science Policy 'HQPDUN Mr Claus GRUBE Deputy Permanent Representative *HUPDQ\ Mr Wolf-Michael CATENHUSEN Parliamentary State Secretary to the Federal Minister for Education and Research Mr Klaus von TROTHA Minister for Economic Affairs, Research and Arts of the Land of Baden-Württemberg *UHHFH Mr Dimitrios DENIOZOS Secretary General at the Ministry of Research and Technology 6SDLQ Mr Ramón MARIMÓN SUÑOL State Secretary for Science and Technology Policy )UDQFH Mr Roger-Gérard SCHWARTZENBERG Minister for Research ,UHODQG Mr Noel TREACY Minister of State at the Department of Education and at the Department of Enterprise, Trade and Employment (with special responsibility for Science and Technology) ,WDO\ Mr Antonio CUFFARO State Secretary for the Universities and Scientific and Technological Research /X[HPERXUJ Ms Erna HENNICOT-SCHOEPGES Minister for Culture, Higher Education and Research, Minister for Public Works 1HWKHUODQGV Ms Annemarie JORRITSMA-LEBBINK Deputy Prime Minister and Minister for Economic Affairs $XVWULD Ms Elisabeth GEHRER Federal Minister for Education, Science and Culture 3RUWXJDO Mr José Mariano GAGO Minister for Science and Technology )LQODQG Mr Kare HALONEN Deputy Permanent Representative 6ZHGHQ Mr Thomas ÖSTROS Minister for Education 8QLWHG.LQJGRP Lord SAINSBURY of TURVILLE Parliamentary Under-Secretary of State, Department of Trade and Industry (Minister for Science) &RPPLVVLRQ Mr Philippe BUSQUIN Member Mr Erkki LIIKANEN Member (8523($1$5($2)5(6($5&+$1',1129$7,21±&281&,/5(62/87,21

In the light of information on the follow–up to the European Council meetings at Lisbon and Santa Maria da Feira, the Council exchanged views on progress made in the establishment of the European area of research and innovation and the strategic role of future framework programmes in that connection.

Before the discussion, Commissioner LIIKANEN presented the Commission communication on "Innovation in a knowledge-driven economy" and Commissioner BUSQUIN presented the communication on "Making a reality of the European Research Area: Guidelines for EU research activities (2000-2006)" and the Commission staff working paper on "Development of an open method of coordination for benchmarking national research policies – Objectives, methodology and indicators".

To structure the discussion, the Presidency had asked the Ministers to address a number of key elements of the topic:

− establishment of an effective method for coordinating action by the Commission, the Member States and economic operators and the role to be played by the Commission − improvement of future framework programmes on research and technological development, while maintaining the achievements of the present programme; − advisability of directing Community research towards encouraging advanced and long-term research in undertakings and promoting, inter alia through SMEs, the scientific, technological and industrial performance of Europe's regions and − mobility for researchers involving actually making an area available to them; mobility between the Member States, mobility between research and industry, a European approach to infrastructure and attracting the leading researchers to Europe, reopening the dialogue between science and society.

Following that exchange of views, the Council adopted the following Resolution:

"THE COUNCIL OF THE EUROPEAN UNION:

RECALLING the Research Council's Resolution of 15 June 2000 on the implementation of the conclusions of the European Councils held in Lisbon and Santa Maria da Feira aimed, with a view to job creation and economic growth, at the rapid establishment of a European area of research and innovation (ERA),

UNDERLINING the importance of the Commission communication on "Making a reality of the European Research Area: Guidelines for EU research activities (2002-2006)" for an in-depth debate on the future of European science and technology policy and future framework programmes, and on their coordination with other European research activities in the context of the establishment of the ERA,

TAKING INTO ACCOUNT the Commission communication on "Innovation in a knowledge-driven economy" and RECALLING the importance of the research/innovation interface,

CONSIDERING the importance of implementing the e-Europe action plan and its close links with research, in particular information and communication technologies, NOTING the five-yearly evaluation report on the framework programmes, the annual report (1999) of the JRC, the report submitted to the Commission by the high-level panel of experts, and the opinions on the latter two reports delivered by the JRC Board of Governors,

1. SUPPORTS the Commission's overall approach as described in its communication aimed at pursuing efforts to make a reality of the ERA; CONSIDERS that this must be the product of joint and voluntary effort and partnership between the European Union, the Member States, the applicant countries, the associated countries under the 5th framework programme, and all scientific and technical research stakeholders.

2. NOTES the importance of the framework programmes as strategic tools for finally establishing the ERA and increasing the effectiveness of research activities in Europe.

3. NOTES, in accordance with Article 165 of the Treaty, the importance for Member States of coordinating their research and technological development activities to ensure that national policies and Community policy on research and development are mutually consistent, and the role that the Commission can play in promoting that coordination, in close cooperation with the Member States; RECALLS also the importance of Community activities which complement those undertaken in Member States in accordance with Article 164 of the Treaty, and the need to carry through coordination efforts to achieve the objectives of the ERA.

4. WELCOMES in this context the activities already under way to develop an open method of policy coordination, and recalls the need to make active progress on networking and the gradual voluntary opening-up by the competent authorities of national research programmes and on the exchange of information and TAKES NOTE of the progress made on benchmarking policies .

5. RECOGNISES the positive achievements of the current framework programmes, while noting the need to improve their operation and the advisability of making use at Community level of new forms of activity in partnership with the Member States while observing the criterion of scientific excellence.

6. EMPHASISES, while taking account of the principle of subsidiarity, the importance of the key concepts of "scientific excellence" and "European added value", which must be used to prioritise the Union's efforts on major research and development issues in future framework programmes, through the application of strict and coherent criteria; AFFIRMS that Community support for scientific and technical research should help towards the construction of a Europe of knowledge, the implementation of Community policies and, in accordance with Article 163 of the Treaty, the strengthening of the scientific and technological base of Community industry, by encouraging undertakings and others involved in research to carry out advanced or long-term research projects and by giving support to demonstration projects for innovative technologies.

7. WELCOMES the importance given in the communication to the networking of national public research programmes, RECALLS the importance of the experience acquired in the framework of key actions and generic activities of the framework programme and NOTES the benefits of developing these concepts by considering, for example, the setting up of large-scale targeted projects, which could include clusters of projects, without prejudice to the importance of small and medium-scale projects, and the establishment of networks of excellence.

8. Also WELCOMES the importance that has been attached to the question of human resources; ENCOURAGES pursuit of the action already in hand to increase the role and number of women in the European research effort, to develop training, to foster the mobility of researchers, including hosting researchers from other continents, and to encourage young researchers. 9. EMPHASISES also the benefits of a European approach to research infrastructures in order to maximise their effectiveness in a coordinated manner.

10. REAFFIRMS the essential link between research and innovation and the major role of enterprises and particularly high technology or traditional SMEs in the innovation process; RECALLS the need to have a Community patent available by the end of 2001 as well as a utility model; EMPHASISES the importance of promoting the scientific and technological performance of all the regions of the Member States and participating countries, including the cross-border dimension, both within the ERA in future framework programmes and in other relevant Community initiatives;

11. SUPPORTS the need to make the debate on the role of science in society more profound and to assist public decision-making by strengthening links between research policies and the needs of society, including the ethical dimensions of progress; REITERATES the importance of the Commission setting up an independent advisory body to boost the effectiveness of European RTD policies; NOTES the essential contribution of the human and social sciences and the need to improve tools for the dissemination of scientific and technical information and to enhance scientific and technical knowledge.

12. EMPHASISES the importance of the international and global dimension in European research activities in the interest of obtaining mutual benefits, and in order to promote European scientific and technological interests.

13. EMPHASISES that, for the achievement of the European Research Area, it is advisable to develop – in order to implement the Union's research framework programme and according to the nature of the actions and priorities involved – new instruments and means of action; these must make it possible, in compliance with the principles of transparency and equal access, to promote partnerships between Member States and the Union and to improve the efficiency of research activities, in particular through:

− promotion of a broader, programme-based approach, in which the Community is one of the players; − closer linkage with international structures and organisations for scientific cooperation (e.g. COST, EUREKA, ESF, etc. ); – development of synergies with national research-funding bodies; − the possibility of action to structure research activities in the longer term, around strategic subjects; − extension of the scope of some of the Union's current activities, for example in the areas of training and mobility, or optimising infrastructures; − recourse to Community participation in programmes undertaken by several Member States, for example through the implementation of Articles 168 and 169 of the Treaty.

14. RECALLS the role of nuclear research and of the activities associated with it in the future Euratom framework programme, an integral part of the European Research Area; POINTS TO the role of the JRC in this respect in accordance with the provisions of Article 8 of the Euratom Treaty and the role of the JRC in research and technological development, under its specific programme; CONFIRMS the importance of the JRC's role as a centre serving the common interests of the European Union by providing independent advice.

15. EMPHASISES the need to differentiate the means of implementing Community research framework programmes according to the nature of the activities and the priorities, while complying with the principle of the selection of projects on the basis of competitive public calls for tender with transparent evaluation rules; SUPPORTS the need for more efficient management, and the Commission's determination to refocus on its essential tasks. 16. TO THAT END, THE COUNCIL INVITES THE COMMISSION

− to send the Council as soon as possible its contributions on the next stages in the ongoing implementation of the ERA and its formal proposal for Decisions on the sixth framework programme during the first quarter of 2001, so that those Decisions may be taken well before the end of the fifth framework programme (2002), and preferably by the end of the first half of 2002;

− to give details of new management methods in its formal proposal, including the possible outsourcing of certain tasks;

− to submit to the Council as soon as possible, so that it can hold an in-depth discussion before the framework programme is adopted, a communication on the implementation of the JRC's mission, covering management styles, methods and governance, the focusing of research efforts, the match of human resources to the task, improving links with other national research institutes, and the response which the JRC might provide to the needs of users, particularly the Commission's Directorates-General, and public authorities."

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The Council approved the negotiating directives for the Commission on the establishment of an international framework allowing the ITER (International Thermonuclear Experimental Reactor) EDA (Engineering Design Activities) Parties and qualified third countries to prepare jointly for the future establishment of an ITER legal entity for ITER construction and operation, if and when so decided.

It was pointed out that the current international ITER EDA Agreement is due to expire on 21 July 2001. Since international cooperation in this field is crucial, it is necessary to maintain the legal basis for such cooperation until the end of the current research framework programme (EURATOM) which comes to an end in December 2002 in order to avoid creating a legal vacuum. However, although work on the technological aspects of the new ITER will be completed next year, no decision as to its construction or operation can be taken until the content of the 6th Framework Programme is known. An in–depth examination of the role of fusion and particularly of ITER in the context of Community research will be scheduled in the near future.

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On the initiative of the Presidency, the Council invited the Commission, in consultation with the Member States and in conjunction with existing mechanisms, to set up a group of experts by the end of 2000 to take stock of research to date on BSE and Creutzfeldt-Jakob disease in the Member States, to encourage exchanges of scientific information between teams of researchers and to identify the current research projects which ought to be stepped up and the new projects to be initiated.

Projects relating to the human form of the disease would focus particularly on prevention, detection and epidemiological and therapeutic research.

The Commission indicated that it would report on the proceedings of this group of experts at the next meeting of European Research Ministers.

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On the basis of a joint initiative by the Commission and ESA on a coherent European strategy for space, the Council adopted a Resolution (see below). The strategy is built around the following three objectives:

− strengthening the foundation for space activities; − enhancing scientific knowledge of the universe and the solar system; − reaping the benefits for markets and society of the technical capabilities of the space community.

Among other things, the Resolution provides for a Task Force involving the Commission and the ESA Executive to develop the European space strategy further in consultation with the Member States.

THE COUNCIL OF THE EUROPEAN UNION,

GIVEN the achievements of the space industry in Europe and its present level of excellence;

RECALLING the Council Resolution of 22 June 1998 on the reinforcement of the synergy between the European Space Agency and the European Community, adopted in parallel by the ESA Council, the Council Resolution of 2 December 1999 asking the European Commission to prepare, together with the ESA, a communication on a European space strategy, and the ministerial Resolutions of the ESA Council of 11 and 12 May 1999;

WELCOMING the positive response tothat request, in the form of a single document jointly drawn up by the European Commission and the ESA Executive, identifying the major issues at stake in the space industry for Europe;

BEARING IN MIND the ESA Council Resolution of 16 November 2000;

RECALLING the European Parliament Resolution of 18 May 2000 concerning a coherent approach for space;

HAVING REGARD to the Global Monitoring for Environment and Security (GMES) initiative;

BEARING IN MIND the present definition phase for an autonomous European satellite radionavigation system (Galileo);

REAFFIRMS the strategic nature of space and the need, on the basis of the major achievements of the last thirty years, to conduct an overall space policy reflecting Member States' political ambitions and responding to the challenges of European integration and RECOGNISES that, with this in view, a sustained political commitment is required in order to pursue such a policy;

1. RECOGNISES that the space strategy must take account of developments in European society's use of satellite systems in areas such as communications, navigation and earth monitoring; AGREES that in order to meet society's growing demand, the needs of scientific research and the requirements of industrial competitiveness the strategy should be developed along the three lines identified in the Commission communication, i.e.:

− strengthening the foundation for space activities, − enhancing scientific knowledge, − reaping the benefits for markets and society;

TO THAT END THE COUNCIL:

2. RECOGNISES the respective roles of governments, the Union and the ESA in supporting and consolidating research and development work in connection with space systems as well as the need for Europe to have a technological base and the related operational infrastructure enabling it to hold its own in global competition; 3. RECOGNISES the basic need for guaranteed access to space and considers it to be a major strategic aim for Europe to maintain the competitiveness of its launchers and of related infrastructure;

4. NOTING the standard of scientific research on space in Europe, which has already made it possible to develop many forms of cooperation, particularly at the transatlantic level, RECOGNISES the need to ensure consistency of European research policy, especially by way of international cooperation, and the need to press ahead with space science programmes, in order to gain a better understanding of the universe, the solar system, our planet, its interaction with its surroundings and its climate;

5. TAKES NOTE of the growing involvement of the private sector in the development and operation of space activities and industrial restructuring; CALLS ON the Commission, together with the ESA, to look into conditions for stimulating private investment in the space industry in Europe, in particular by strengthening public-private partnership; HIGHLIGHTS to this end the special importance to be attached to small and medium-sized businesses, equipment manufacturers and sub-contractors in general;

6. HIGHLIGHTS the strategic issue of control of information technology and ENCOURAGES the Commission to consider to what extent Community policies can provide an environment facilitating the contribution of satellite communication systems to the information society and promoting RTD projects in this area in conjunction with the ESA and European applications systems operators;

7. NOTING the importance of satellite data in managing the environment and regional planning, in safeguarding human life by managing the consequences of disasters, in monitoring risks and in improving civil security, and noting the need to develop, without delay, operational or pre-operational application services, ENCOURAGES the GMES initiative to monitor and protect the environment, enabling Europe to obtain all the necessary resources to assess and watch over such matters; accordingly CALLS ON the Commission, together with the ESA and the Member States, to complete the outline for this initiative, starting from the needs of users and civil society, so that specific implementing proposals can be drawn up by the end of June 2001;

8. NOTING the major technological and economic issues at stake in bringing into operation a satellite radionavigation system, REITERATES the strategic importance of the Galileo project and the need to take a decision on this matter by the end of 2000 and to complete preparations for that purpose; RECOMMENDS in that connection the establishment, for the development of that programme, of a single, tightly knit body, with clearly defined roles for the ESA and the Commission respectively, to take charge of it and be accountable to the Member States;

9. AGREES that, in order to achieve the above objectives and implement a European space strategy, the European Commission and the ESA should seek to arrive at an efficient framework for cooperation whereby the ESA acts as the implementing agency for the development and procurement of the space segment and ground segment involved in the European Community's initiatives, giving the Union access to expertise, including the network of technical centres coordinated by the ESA;

TO THAT END THE COUNCIL:

10. REQUESTS the European Commission to set up, as soon as possible, in cooperation with the ESA and by the end of 2000 at the latest, a joint high-level Task Force involving the Commission and the ESA Executive. In close consultation with the Member States, the role of that Task Force, whose composition should make it possible to integrate the various Community policies with the space strategy, will be to develop further the European space strategy and produce proposals for its implementation; 11. RECOMMENDS that in the work of the Task Force account be taken of developments regarding the European security and defence policy;

12. URGES the European Commission, together with the ESA, to forge ahead with the European space strategy accordingly and report to the Council of the EU, the Council of the ESA and the European Parliament at the end of 2001 on initial activities and progress achieved."

It should be noted that the Research Council was followed by a meeting of the ESA Ministerial Council which adopted a Resolution of the same tenor.

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The Council took note of the following information:

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The Presidency presented a note on the advisability of creating a light coordination structure derived from the full range of European academic communities providing the Council, the European Parliament and the Commission with a mechanism which gives them access to independent expertise at the highest level of excellence.

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The Presidency informed the Council of a presentation taking place in the Press Room in the margins of the Council meeting to demonstrate the Alpha Galileo service, the Internet press centre on science, medicine and technology in Europe which enables European press attachés to pass on research results to journalists all over the world (www.alphagalileo.org.).

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The Presidency presented a note to the Council on the establishment of a coordination structure at European level on therapeutic trials concerning AIDS.

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Over lunch, the Council discussed science and society. Discussions will continue at a ministerial symposium on the relationship between science and society to be held at the Sorbonne in Paris on 30 November and 1 December 2000.

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The Italian delegation briefed the Council on the meeting of Research Ministers from France, Greece, Italy, Spain and Portugal with some of their counterparts held in Capri on 29 and 30 September 2000 on the prospects for Euro–Mediterranean partnership in scientific and technological research.

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The Council adopted the Decision on the conclusion of the Agreement on Cooperation in science and technology between the European Community and the Government of the Russian Federation (see press release of 16 November 2000, 13429/00 (Presse 434)). &86720681,21

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The Council adopted the Regulation amending Annex I to Regulation (EEC) No 2658/87 on the tariff and statistical nomenclature and on the Common Customs Tariff.

Regulation (EEC) No 2658/87 established a goods nomenclature, hereinafter referred to as the "Combined Nomenclature", and set out the conventional duty rates of the Common Customs Tariff.

By its Decision 97/359/EC of 24 March 1997 concerning the elimination of duties on information technology products, the Council approved, on behalf of the Community, the Agreement on trade in information technology products (ITA), together with the Communication on its implementation. According to that Agreement, participants are to meet to consider any divergence among them in classifying information technology products, beginning with the products specified in the Annex thereto. This procedure brings to the fore changes to be made to the Community’s tariff schedule, reproduced in Regulation (EC) No 2658/87. Once they are agreed to by the participants to the Agreement, the said changes must be implemented by the Regulation adopted.

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The Council adopted a Joint Action regarding the holding of a meeting of Heads of State or of Government in Zagreb (Zagreb Summit).

Under this Joint Action the European Union will provide finance (of the order of EUR 770 000) and logistical support for the holding of a meeting of Heads of State or of Government of the Member States of the European Union and of Slovenia, Albania, the former Yugoslav Republic of Macedonia, Bosnia and Herzegovina, Croatia and the Federal Republic of Yugoslavia, to be held in Zagreb, Croatia, on 24 November 2000.

It will be remembers that at its meeting in Feira on 19 and 20 June 2000 the European Council welcomed the idea put forward by France of a summit meeting between the European Union and the countries of the Western Balkans. That summit will allow the countries of the region to be reassured of Europe's solidarity with them and give an opportunity to examine with them how the process of democratic and economic reform can be accelerated.

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The Council adopted the EU common positions with a view to the Accession Conferences with Cyprus, Malta, Hungary, Poland, Romania, Slovakia, Latvia, Estonia, Lithuania, Bulgaria, the Czech Republic and Slovenia at Ministerial level on 20/21 November and 4/5 December 2000.

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The Council confirmed that a simple majority had not been reached in favour of the proposal for a Council Regulation (EC) imposing a definitive anti-dumping duty on imports of glycine originating in the People's Republic of China and collecting definitively the provisional duty imposed. ,167,787,21$/0$77(56

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The Council approved the text of a number of amendments to the Rules of Procedure of

− the Court of Justice − the Court of First Instance.

On 21 January 2000 the Court of First Instance submitted to the Council, for unanimous approval,, a series of proposals for amendments to its Rules of Procedure to adjust them to new legal and practical requirements, and the Court of Justice did likewise on 14 July 2000.

The amendments to the Rules of Procedure of the Court of Justice are based on the following considerations:

− In certain particularly urgent cases, the Court should be able to give its ruling with the minimum of delay, and provision should be made for an expedited procedure in such cases.

− In order to reduce the length of proceedings in direct actions, the time-limit for intervention should be shortened.

− In order to adapt communications between the Court and the parties and other persons concerned to modern communication technology, rules should be laid down regarding the use of, in particular, telefaxes for the transmission of documents and consequential amendments should be made to the provisions concerning extensions, on account of distance, of prescribed time-limits.

− It is necessary, in the light of experience, to clarify the wording of the provision relating to the lodging of a reply and a rejoinder in appeal proceedings.

The amendments to the Rules of Procedure of the Court of First Instance relate mainly to the following aspects:

− In order to expedite proceedings before the Court of First Instance, it is necessary to provide the possibility for the Court to decide certain cases under an expedited procedure and to decide that there will be no reply nor rejoinder. It is appropriate to adjust the time-limit and modalities for intervention by third parties.

− It is necessary to regulate the transmission of documents by telefax. Provisions concerning the extension of time-limits on account of distance should take account of the current state of communications technology.

− In order to resolve certain problems which may arise under the new procedure concerning disputes regarding public access to administrative documents, it is necessary to provide for the Court of First Instance to be able to exclude the communication to the parties of documents the production of which must be ordered.

− The adoption of practical directions to the parties regarding the written stage and the oral stage of the procedure should improve the course taken by proceedings. 75$163$5(1&<

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The Council recorded its agreement to the fifth confirmatory application made by Mr Tony BUNYAN in 2000 for access to documents, with the Danish, Greek, Irish, Netherlands, Finnish, Swedish and United Kingdom delegations voting against.