Ahead of the Competitiveness Council at the end of September, which will to a large extent focus on the future Horizon Europe framework programme, there are still many questions pending amongst the member states, such as the issue of the dual legal basis proposed by the European Commission for the specific Horizon Europe implementing programme, judging by two papers published on Tuesday 18 September by the Austrian Presidency of the Council of the EU.
It should be recalled that the specific programme outlines the activities envisaged as part of the European framework programme to implement them. The Commission proposed to base the specific programme decision on a dual legal basis in order to bolster the component linked to innovation, particularly by setting up the European Innovation Council (EIC). The Commission has therefore kept article 182 of the Treaty on the Functioning of the European Union (TFEU) that sets out the main framework programme guidelines and has added article 173 of the TFEU relating to the competitiveness of European industry.
Even though it is expected to be kept as it is, this proposal could disrupt the decision-making process within the ordinary legislative process insofar as the European Parliament is currently only consulted by the Council with regard to the specific programme. The idea does not appear to have obtained consensus among the member states, which have consulted the Council's legal services.
The latter gave their verdict in June: the European Commission proposal is not “appropriate”. They therefore consider that article 182 of the TFEU is sufficient for fulfilling the framework programme objectives. According to the Presidency papers, this is a position shared by a large number of delegations. The framework programme also affects the areas linked to Common Agricultural Policy and many other domains. One diplomatic source questioned by EUROPE replied “Why not, then, include all the articles in the TFEU in the different domains within the legal basis of Horizon Europe?”
The challenge obviously appears a major one for the European Parliament but also for many pressure groups in Brussels: our source explained to us that introducing co-decision procedure would add a dose of transparency to the decision-making process for the specific programme.
“Competitiveness” Council
The Austrian Presidency therefore intends to submit the question to ministers at the next Competitiveness Council on 27 and 28 September next. Ministers will also be invited to debate ways for extending participation in Horizon Europe to member states whose research and innovation are not as good, by reassessing the prevailing “excellence” criteria in the framework programme. The question of strategic planning occupied ministers during an informal meeting in Vienna last July (see EUROPE 12064, 12069) and is expected to do so yet again.
The aim is to obtain a general approach during the Competitiveness Council in November in an effort to begin inter-institutional negotiations as soon as possible with the European Parliament, which is also due to adopt its committee reports at the end of November. (Original version in French by Pascal Hansens)