OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing a support programme in the field of books and reading (Ariane)
COMMISSION OF THE EUROPEAN COMMUNITIES Brussels, 09. 12. 1996 COM(96) 637 final 94/0189 (COD) OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing a support programme in the field of books and reading (Ariane) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty 1. BACKGROUND a) b) c) d) e) f) g) On 25 October 1994 the Commission sent to Parliament and the Council its proposal for a decision (COM(94)356 final COD 94/0189). On 6 April 1995 Parliament adopted on first reading a resolution containing 35 amendments to the Commission's proposal. On 20 April 1995 the Committee of the Regions delivered a favourable opinion. On 28 July 1995 the Commission adopted, under Article 149(3) of the Treaty, an amended proposal taking over in full or in part 32 of these amendments (COM(95) 373). On 27 June 1996 the Council adopted a common position. On 22 July 1996 the Commission accepted this common position and sent its opinion to Parliament (SEC(95) 1648). On 22 October 1996 Parliament adopted, on second reading, a resolution containing eleven amendments to the common position. 2. AIMS OF THE PROPOSAL It is a programme of support for books and reading designed to promote knowledge and dissemination of the written heritage and contemporary writing in Europe and increase public access to it, in particular by providing aid for the translation of works of literature, drama and reference, supporting projects for cooperation on books and reading carried out under partnership arrangements and providing further training for professionals in this field. Priority is given under the programme to the less widely-used languages. 4-3 COMMISSION OPINION ON PARLIAMENT'S AMENDMENTS After examining the amendments proposed by Parliament on second reading, the Commission can agree to some of them which are of a technical nature or fit in with its original proposal. 1. Amendments accepted by the Commission The Commission is prepared to accept amendments 4, 5, 6, 7 and 8 and has incorporated them in its amended proposal so that they can be reexamined by the Council. * * * Amendment 4 would insert a reference, in the evaluation report, to the impact of the programme on the dissemination of literature in the less widely^used languages. Comments'. As this is not a fundamental issue, there is no reason why it should not be accepted, even though the cuts made in the lifespan and budget of the programme may mean that this exercise is particularly limited in scope. Amendment 5 would make works written in the less widely-used languages eligible even without previous translation into another Community language. Comments: The Commission takes the view that this amendment, which takes up its original proposal, is bound to increase the participation and presence of such works in the programme. * Amendment 6 would give priority to small independent publishing houses. Comments: The Commission can accept this amendment, as experience with the pilot project for aid to translation has demonstrated that for the most part the publishing houses receiving Community support can be considered small businesses. Amendment 7 deletes the reference to the dual (advisory and management committee) procedure for the breakdown of resources. Comments: In view of the limited budget for the programme, the Commission can see no point in making a breakdown between the six actions. Amendment 8 would make projects concerned with creating databases eligible for this programme. Comments: The Commission feels that this amendment concerns a type of project which is consistent with the objectives of the programme. * * 2. * Amendment accepted in part by the Commission Amendment 2 replaces the dual (advisory and management committee) procedure by an advisory committee. It is only partly acceptable in view of the line taken by the Commission following the adoption of the Council's common position on the proposed decision 94/0189 (SEC(96) 1320, 12. 7. 1996, point 3. 4). Comments: As it stated in the above communication, the Commission is not against the use of a hybrid committee procedure, but only against the use of the management committee for the adoption of certain specific acts, namely decisions granting financial assistance to projects involving over ECU 10 000 and the use of any Committee procedure for the adoption of evaluation reports (which are not draft measures within the meaning of the Council Decision of 13 July 1987 (87/373/EEC) laying down the procedures for the exercise of implementing powers conferred on the Commission1). Moreover, Parliament's amendment deleting the indication of the draft measures to which a committee procedure would apply cannot be accepted as this would not make for legal certainty. 3. AMENDMENTS REJECTED BY THE COMMISSION The Commission rejects amendments 1 and 3. * Amendment 1 requests a change to the title to refer explicitly to translation. Comments: The Commission feels that given the distribution of the programme's resources (50% for translation and 50% for the promotion of books and reading), it is not true to say that support is primarily through translation. Amendment 3 requests a significant increase in the budget (from ECU 7 million to ECU 10. 5 million). Parliament takes the view that if the Council endorses the Comments: Commission's proposals for 1997 and 1998, the budget for the programme does not match up to its ambitions. However, the Commission is bound by the budget programming approved (ECU 23. 5 million for five years), which is respected over the lifespan of the programme 1997-98. OJL 197, 18. 7. 1987, p. 33. CONCLUSION By way of conclusion, the Commission feels that proposed amendments 4, 5, 6, 7, and 8 can be accepted as they stand and amendment 2 in part. The amended proposal incorporates the changes requested. Amendments 1 and 3 are rejected. Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing the support programme in the field of books and reading (Ariane). (Presented by the Commission pursuant to Article 189b(2)of the EC Treaty) EXPLANATORY MEMORANDUM As a result of the entry into force of the Treaty on European Union on 1 November 1993, this proposed decision is subject to the codecision procedure (Article 189b of the EC Treaty). Article 189b(2)(d) requires the Commission to deliver an opinion on the amendments proposed by Parliament on second reading. The Commission has accepted six of Parliament's amendments for the reasons set out in point 1 of the attached opinions- Pursuant to Article 189b2) of the EC Treaty the Commission is now presenting an amended proposal incorporating the six amendments by Parliament which it has accepted. Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing the support programme in the field of books and reading (Ariane). (Presented by the Commission pursuant to Article 189b(2)of the EC Treaty) $C Common Position of the Council Modified Text (Amendment 2) Article 5 1. The Commission shall implement this this in accordance with programme decision. of 2. The Commission shall be assisted by a Committee two composed representatives per Member State and C o m m i s s i on c h a i r ed t he by representative. the Committee may be assisted by experts or advisers. Members of 1. The Commission shall implement this programme in accordance with this decision. 2. The Commission shall be assisted bv the Committee set up under Article 5(1) of decision No 719/96/EC of the-European Parliament and of the Council establishing the Kaleidoscope Programme. 3. The representative of the Commission shall submit to the Committee draft measures concerning: 3. The following measures shall be adopted in accordance with the procedure set out in paragraph 4: - the annual work plan; - the annual work plan; - the general balance between the various Actions; - the general balance between the various Actions; - the detailed arrangement and selection criteria for the various types of project described in the Annex (Actions 1, 2, 3, 4 and 6); - the detailed arrangement and selection criteria for the various types of project described in the Annex (Actions 1, 2, 3, 4 and 6); - projects thousand ecus in assistance: involving more than ten the procedures for monitoring and evaluating the programme, together with the conclusions of the reports provided for in Article 8 and any programme resulting readjustment therefrom. measures the procedures evaluating the programme; for monitoring and The Committee shall deliver its opinion on. the draft measures referred to in the first subparagraph within a time limit which the 4. The representative of the Commission shall submit to the Committee the draft of the measures to be taken. The Committee shall Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the Commission. The votes of the representatives of the Member States shall be weighted in the manner set out in that Article. The chairman shall note vote. deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which the Council is required to adopt on a proposal from the the The Commission. representatives of the Member States shall be weighted in the manner set out in that Article. The chairman shall note vote. votes of The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by the Commission to the Council forthwith. The Commission shall adopt measures which shall apply immediately. However, if these measures are not in accordance with the opinion of the Committee, they" shall be communicated by the Commission to the Council forthwith. In that event: In that event: (a) the Commission may defer application of the measures which it has decided for a period of two months from the date of such communication; (a) the Commission may defer application of the measures which it has decided for a period of one month from the date of such communication; (b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in (a). (b) the Council, acting by a qualified majority, may take a different decision within the time limit referred to in (a). fL The Commission may consult the other matter any v^imimu^ Committee concerning the implementation of this programme not covered bv paragraph 3. on 5. Decisions granting Community financial assistance to projects for which the assistance exceeds ECU 10. 000 shall be adopted in accordance with the procedure set out in paragraph 6: The representative of the Commission shall, submit to the Committee a draft of the measures to be taken. 6. The representative of the Commission shall submit to the Committee a draft of the measures to be taken. The Committee shall deliver its opinion on this draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. The Committee shall deliver its opinion on this draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. 10 The opinion shall be recorded in the minutes; each Member State shall have the right to ask to have its position recorded in the minutes. The opinion shall be recorded in the minutes; each Member State shall have the right to ask to have its position recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. The Commission shall take the utmost account of the opinion delivered by the Committee. It shall inform the Committee of the manner in which its opinion has been taken into account. 7. At the request of the Commission, the Committee may examine any matter relating to the application of this decision. 11 Common Position of the Council Modified Text (Amendment 4) Article 8, first paragraph One year after this programme has been in operation, and within the six months following that period, the Commission, after having consulted the Committee, shall present to the European Parliament and the Council a detailed assessment report on the results achieved, accompanied, where necessary, by appropriate proposals, including proposals for the continuation of the programme and the relevant arrangements so as to enable to European Parliament and the Council to take a decision before the end of the period covered by the programme. This report will highlight the added value created, particularly of a cultural nature and the socio-economic consequences brought about by the financial support granted by the Community. The report is intended to assess, both qualitatively and quantitatively, the extent to which the programme has achieved the objectives referred to in Article 2. One year after this programme has been in operation, and within the six months following that period, the Commission, after having consulted the Committee, shall present to the European Parliament and the Council a detailed assessment report on the results achieved, accompanied, where necessary, by appropriate proposals, including proposals for the continuation of the programme and the relevant arrangements so as to enable to European Parliament and the Council to take a decision before the end of the period covered by the programme. This report will highlight the added value created, particularly of a cultural nature including reference to the impact on the dissemination of literature in the less-widely used languages and the socio economic consequences brought about by the financial support granted by the Community. The report to assess, both intended qualitatively and quantitatively, the extent to the which the programme has achieved objectives referred to in Article 2. is 12 Common Position of the Council Modified Text (Amendment 5) Action 1, paragraph lb (ii) Works written in one of the less widely used languages of the European Union may nevertheless be eligible for a translation grant when they have already been translated and published in a European Union language (other than the original language), or when, although they have not vet been translated and published in a European Union language, they for translation into at least two European Union languages. Grants are intended to support translation into another European language. These provisions also apply to works: simultaneously proposed are In order to give priority to the less widely- used languages of the European Union works written in these languages may nevertheless be eligible for a translation grant without having been previously translated into other Community languages. Grants are intended to support translation into another European language. These provisions also- apply to works: 13 Common Position of the Council Modified Text (Amendment 6) Annex, Action 1, Point 1, paragraph ba (new) Priority should be given to applications from small independent publishing companies 14 Common Position of the Council Modified Text (Amendment 7) Action 1 - final paragraph The resources to be committed to this Action will amount to 50% of the overall budget allocated-to this programme. The exact breakdown between the six Actions making up this programme will be determined in accordance with the procedure laid down in Article 5(3). The resources to be committed to this Action will amount to 50% of the overall budget allocated to this programme. 15 Common Position of the Council Modified Text (Amendment 8) Annex, Action 2, third paragraph, indent the mutual knowledge of, and access to, the literature or history of the European peoples; the development of partnership initiatives which aim to facilitate access to data relevant to the dissemination of books to their promotion, to their translation and to access by the citizen to reading; (a) (b) the mutual knowledge of, and access to, the literature or history of the European people; development the initiatives which aim to facilitate, of partnership to of. books, the access to data relevant dissemination for example, by creating a database containing the details of books the market, of available on publishing their and houses specialist fields, with a view to supporting the co-production and co-publication of European works. the promotion of books. including translation, their the possible setting up of a semantics semantic database (listing difficulties and peculiarities) to help literary translators. technical and access by the citizen to reading; the exchange of experience and know- how on themes of common interest between professionals at European level. fcÛ the exchange of experience and know- how on themes of common interest between professionals at European level. 16 ISSN 0254-1475 COM(96) 637 final DOCUMENTS EN 16 Catalogue number : CB-CO-96-634-EN-C ISBN 92-78-12932-1 Office for Official Publications of the European Communities L-2985 Luxembourg AJ