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I Information

Council

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COMMON POSITION (EC) No 23/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Directive 2006/.../EC of the European Parliament and of the Council of... on driving licences (Recast)

(2006/C 295 E/01)

(Text with EEA relevance)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 71 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS DIRECTIVE:

Article 1

Model licence

1.   Member States shall introduce a national driving licence based on the Community model set out in Annex I, in accordance with the provisions of this Directive. The emblem on page 1 of the Community model driving licences shall contain the distinguishing sign of the Member State issuing the licence.

2.   Without prejudice to data protection rules, Member States may introduce a storage medium (microchip) as part of the driving licence, as soon as the requirements in Annex I concerning the microchip are laid down by the Commission in accordance with the procedure referred to in Article 9(2). These requirements shall provide for EC type-approval, which shall only be granted when the ability to resist attempts to tamper with or alter data is demonstrated.

3.   The microchip shall incorporate the harmonised driving licence data specified in Annex I.

After consulting the Commission, Member States may store additional data, provided that it does not in any way interfere with the implementation of this Directive.

In accordance with the procedure referred to in Article 9(2), the Commission may adapt Annex I in order to guarantee future interoperability.

4.   With the agreement of the Commission, Member States may make to the model set out in Annex I such adjustments as are necessary for computer processing of the driving licence.

Article 2

Mutual recognition

1.   Driving licences issued by Member States shall be mutually recognised.

2.   When the holder of a valid national driving licence without the administrative validity period set out in Article 7(2) takes up normal residence in a Member State other than that which issued the driving licence, the host Member State may apply to the licence the administrative validity periods set out in that Article by renewing the driving licence, as from 2 years after the date on which the holder has taken up normal residence on its territory.

Article 3

Anti-forgery measures

1.   Member States shall take all necessary steps to avoid any risk of forgery of driving licences, including that of model driving licences issued before the entry into force of this Directive. They shall inform the Commission thereof.

2.   The material used for the driving licence, as set out in Annex I, shall be made secure against forgery in application of specifications which are to be laid down by the Commission in accordance with the procedure referred to in Article 9(2). Member States are free to introduce additional security features.

3.   Member States shall ensure that, by ... (5), all driving licences issued or in circulation fulfil all the requirements of this Directive.

Article 4

Categories, definitions and minimum ages

1.   The driving licence provided for in Article 1 shall authorise the driving of power-driven vehicles in the categories defined hereafter. It may be issued from the minimum age indicated for each category. A ‘power-driven vehicle’ means any self-propelled vehicle running on a road under its own power, other than a rail-borne vehicle.

2.   Mopeds:

3.   Motorcycles with or without a sidecar and motor tricycles:

4.   Motor vehicles:

5.   With the agreement of the Commission, Member States may exclude from the application of this Article certain specific types of power-driven vehicle such as special vehicles for disabled persons.

Member States may exclude from the application of this Directive vehicles used by, or under the control of, the armed forces and civil defence.

6.   Member States may raise or lower the minimum age for issuing a driving licence:

Member States may lower the minimum age for category C to 18 years and for category D to 21 years with regard to:

Driving licences issued to persons at a lower age than set out in paragraphs 2 to 4 in accordance with this paragraph shall only be valid on the territory of the issuing Member State until the licence holder has reached the minimum age limit set out in paragraphs 2 to 4.

Member States may recognise the validity on their territory of driving licences issued to drivers under the minimum ages set out in paragraphs 2 to 4.

Article 5

Conditions and restrictions

1.   Driving licences shall state the conditions under which the driver is authorised to drive.

2.   If, because of a physical disability, driving is authorised only for certain types of vehicle or for adapted vehicles, the test of skills and behaviour provided for in Article 7 shall be taken in such a vehicle.

Article 6

Staging and equivalences between categories

1.   The issue of driving licences shall be subject to the following conditions:

2.   The validity of driving licences shall be determined as follows:

3.   For driving on their territory, Member States may grant the following equivalences:

As this paragraph is only valid on their territories, Member States shall not indicate on the driving licence that a holder is entitled to drive these vehicles.

4.   Member States may, after consulting the Commission, authorise the driving on their territory of:

Article 7

Issue, validity and renewal

1.   Driving licences shall be issued only to those applicants:

3.   The renewal of driving licences when their administrative validity expires shall be subject to:

Member States may, when renewing driving licences in categories AM, A, A1, A2, B, B1 and BE, require an examination applying the minimum standards of physical and mental fitness for driving set out in Annex III.

Member States may limit the period of administrative validity set out in paragraph 2 of driving licences issued to novice drivers for any category in order to apply specific measures to such drivers, aiming at improving road safety.

Member States may limit the period of administrative validity of the first licence issued to novice drivers for categories C and D to 3 years in order to be able to apply specific measures to such drivers, so as to improve their road safety.

Member States may limit the period of administrative validity set out in paragraph 2 of individual driving licences for any category in case it is found necessary to apply an increased frequency of medical checks or other specific measures such as restrictions for traffic offenders.

Member States may reduce the period of administrative validity set out in paragraph 2 of driving licences of holders residing on their territory having reached the age of 50 years in order to apply an increased frequency of medical checks or other specific measures such as refresher courses. This reduced period of administrative validity can only be applied upon renewing the driving licence.

4.   Without prejudice to national criminal and police laws, Member States may, after consulting the Commission, apply to the issuing of driving licences the provisions of their national rules relating to conditions other than those referred to in this Directive.

Without prejudice to Article 2, a Member State issuing a licence shall apply due diligence to ensure that a person fulfils the requirements set out in paragraph 1 of this Article and shall apply its national provisions on the cancellation or withdrawal of the right to drive if it is established that a licence has been issued without the requirements having been met.

Article 8

Adaptation to scientific and technical progress

The amendments necessary to adapt Annexes I to VI to scientific and technical progress shall be adopted in accordance with the procedure referred to in Article 9(2).

Article 9

Committee

1.   The Commission shall be assisted by the committee on driving licences, hereinafter referred to as ‘the Committee’.

2.   Where reference is made to this paragraph, Articles 5 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 5(6) of Decision 1999/468/EC shall be 3 months.

3.   The Committee shall adopt its Rules of Procedure.

Article 10

Examiners

From the entry into force of this Directive, driving examiners shall meet the minimum standards set out in Annex IV.

Driving examiners already working in that capacity before ... (8) shall be subject only to the requirements concerning quality assurance and regular periodic training measures.

Article 11

Various provisions concerning the exchange, the withdrawal, the replacement and the recognition of driving licences

1.   Where the holder of a valid national driving licence issued by a Member State has taken up normal residence in another Member State, he may request that his driving licence be exchanged for an equivalent licence. It shall be for the Member State effecting the exchange to check for which category the licence submitted is in fact still valid.

2.   Subject to observance of the principle of territoriality of criminal and police laws, the Member State of normal residence may apply its national provisions on the restriction, suspension, withdrawal or cancellation of the right to drive to the holder of a driving licence issued by another Member State and, if necessary, exchange the licence for that purpose.

3.   The Member State effecting the exchange shall return the old licence to the authorities of the Member State which issued it and give the reasons for doing so.

4.   A Member State shall refuse to issue a driving licence to an applicant whose driving licence is restricted, suspended or withdrawn in another Member State.

A Member State shall refuse to recognise the validity of any driving licence issued by another Member State to a person whose driving licence is restricted, suspended or withdrawn in the former State's territory.

A Member State may also refuse to issue a driving licence to an applicant whose licence is cancelled in another Member State.

5.   A replacement for a driving licence which has, for example, been lost or stolen may only be obtained from the competent authorities of the Member State in which the holder has his normal residence; those authorities shall provide the replacement on the basis of the information in their possession or, where appropriate, proof from the competent authorities of the Member State which issued the original licence.

6.   Where a Member State exchanges a driving licence issued by a third country for a Community model driving licence, such exchange shall be recorded on the Community model driving licence as shall any subsequent renewal or replacement.

Such an exchange may occur only if the licence issued by the third country has been surrendered to the competent authorities of the Member State making the exchange. If the holder of this licence transfers his normal residence to another Member State, the latter need not apply the principle of mutual recognition set out in Article 2.

Article 12

Normal residence

For the purpose of this Directive, ‘normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a different place from his personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of his personal ties, provided that such person returns there regularly. This last condition need not be met where the person is living in a Member State in order to carry out a task of a definite duration. Attendance at a university or school shall not imply transfer of normal residence.

Article 13

Equivalences between non-Community model licences

1.   With the agreement of the Commission, Member States shall establish equivalences between entitlements obtained before the implementation of this Directive and the categories defined in Article 4.

After consulting the Commission, Member States may make to their national legislation such adjustments as are necessary for the purpose of implementing the provisions of Article 11(4), (5) and (6).

2.   Any entitlement to drive granted before ... (8) shall not be removed or in any way qualified by the provisions of this Directive.

Article 14

Review

The Commission shall report on the implementation of this Directive, including its impact on road safety, not earlier than ... (9).

Article 15

Mutual Assistance

Member States shall assist one another in the implementation of this Directive and shall exchange information on the licences they have issued, exchanged, replaced, renewed or revoked. They shall use the EU driving licence network set up for these purposes, once this network is operational.

Article 16

Transposition

1.   Member States shall adopt and publish, not later than ... (10), the laws, regulations and administrative provisions necessary to comply with Article 1(1), Article 3, Article 4(1), (2), (3) and (4)(b) to (k), Article 6(1), (2)(a), (c), (d) and (e), Article 7(1)(b), (c) and (d), (2), (3) and (5), Article 8, Article 10, Article 13, Article 14, Article 15, and Annexes I, point 2, II, point 5.2 concerning categories A1, A2 and A, IV, V and VI. They shall forthwith communicate to the Commission the text of those provisions.

2.   They shall apply those provisions as from ... (8).

3.   When Member States adopt those provisions, they shall contain a reference to this Directive or shall be accompanied by such reference on the occasion of their official publication. They shall also contain an indication that references made, in the laws, regulations or administrative provisions in force, to the repealed Directive shall be construed as being made to this Directive. The methods of making such reference, and its wording, shall be laid down by Member States.

4.   Member States shall communicate to the Commission the text of the main provisions of national law which they adopt in the field covered by this Directive.

Article 17

Repeal

Directive 91/439/EEC shall be repealed with effect from ... (8), without prejudice to the obligations of the Member States with regard to the deadlines indicated in Annex VII, Part B for transposing that Directive into national law.

Article 2(4) of Directive 91/439/EEC shall be repealed on ... (11).

References made to the repealed Directive shall be construed as being made to this Directive and should be read in accordance with the correlation table in Annex VIII.

Article 18

Entry into force

This Directive shall enter into force on the twentieth day following that of its publication in the Official Journal of the European Union.

Article 2(1), Article 5, Article 6(2)(b), Article 7(1)(a), Article 9, Article 11(1), (3), (4), (5) and (6), Article 12, and Annexes I, II and III shall apply from ... (12).

Article 19

Addressees

This Directive is addressed to the Member States.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

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(1)OJ C 112, 30.4.2004, p. 34.

(2)  Opinion of the European Parliament of 23 February 2005 (OJ C 304 E, 1.12.2005, p. 202), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal) .

(3)OJ L 237, 24.8.1991, p. 1. Directive as last amended by Regulation (EC) No 1882/2003 of the European Parliament and of the Council (OJ L 284, 31.10.2003, p. 1).

(4)OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(5)  26 years after the date of entry into force of this Directive.

(6)OJ L 124, 9.5.2002, p. 1. Directive as last amended by Commission Directive 2005/30/EC (OJ L 106, 27.4.2005, p. 17).

(7)OJ L 226, 10.9.2003, p. 4. Directive as amended by Council Directive 2004/66/EC (OJ L 168, 1.5.2004, p. 35).

(8)  Six years after the date of entry into force of this Directive.

(9)  Eleven years after the date of entry into force of this Directive.

(10)  Four years after the date of entry into force of this Directive.

(11)  Date of entry into force of this Directive.

(12)  Two years after the date of entry into force of this Directive.

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ANNEX I

PROVISIONS CONCERNING THE COMMUNITY MODEL DRIVING LICENCE

4.   Special provisions

COMMUNITY MODEL DRIVING LICENCE

Page 1   DRIVING LICENCE [MEMBER STATE]

SPECIMEN MODEL LICENCE

BELGIAN LICENCE (for information)

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(1)

Note: a pictogram and a line for category AM will be added.

Note: the term ‘A2’ will be added to the section on motorcycle categories.

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ANNEX II

I.   MINIMUM REQUIREMENTS FOR DRIVING TESTS

Member States shall take the necessary measures to ensure that applicants for driving licences possess the knowledge and skills and exhibit the behaviour required for driving a motor vehicle. The tests introduced to this effect must consist of:

The conditions under which these tests shall be conducted are set out below.

A.   THEORY TEST

1.   Form

The form chosen shall be such as to make sure that the applicant has the required knowledge of the subjects listed on points 2, 3 and 4.

Any applicant for a licence in one category who has passed a theory test for a licence in a different category may be exempt from the common provisions of points 2, 3 and 4.

2.   Content of the theory test concerning all vehicle categories

3.   Specific provisions concerning categories A1, A2 and A

4.   Specific provisions concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

B.   TEST OF SKILLS AND BEHAVIOUR

5.   The vehicle and its equipment

6.   Skills and behaviour to be tested concerning categories A1, A2 and A

6.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to ride safely by satisfying the following requirements:

6.2.   Special manoeuvres to be tested with a bearing on road safety

6.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

7.   Skills and behaviour to be tested concerning categories B, B1 and BE

7.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

7.2.   Categories B and B1: special manoeuvres to be tested with a bearing on road safety

A selection of the following manoeuvres shall be tested (at least two manoeuvres for the four points, including one in reverse gear):

7.3.   Category BE: special manoeuvres to be tested with a bearing on road safety

7.4.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

8.   Skills and behaviour to be tested concerning categories C, CE, C1, C1E, D, DE, D1 and D1E

8.1.   Preparation and technical check of the vehicle with a bearing on road safety

Applicants must demonstrate that they are capable of preparing to drive safely by satisfying the following requirements:

8.2.   Special manoeuvres to be tested with a bearing on road safety

8.3.   Behaviour in traffic

Applicants must perform all the following actions in normal traffic situations, in complete safety and taking all necessary precautions:

9.   Marking of the test of skills and behaviour

10.   Length of the test

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in paragraph B of this Annex. In no circumstances should the time spent driving on the road be less than 25 minutes for categories A, A1, A2, B, B1 and BE and 45 minutes for the other categories. This does not include the reception of the applicant, the preparation of the vehicle, the technical check of the vehicle with a bearing on road safety, the special manoeuvres and the announcement of the outcome of the practical test.

11.   Location of the test

The part of the test to assess the special manoeuvres may be conducted on a special testing ground. Wherever practicable, the part of the test to assess behaviour in traffic should be conducted on roads outside built-up areas, expressways and motorways (or similar), as well as on all kinds of urban streets (residential areas, 30 and 50 km/h areas, urban expressways) which should represent the various types of difficulty likely to be encountered by drivers. It is also desirable for the test to take place in various traffic density conditions. The time spent driving on the road should be used in an optimal way to assess the applicant in all the various traffic areas that can be encountered, with a special emphasis on changing between these areas.

II.   KNOWLEDGE, SKILL AND BEHAVIOUR FOR DRIVING A POWER-DRIVEN VEHICLE

Drivers of all power-driven vehicles must at any moment have the knowledge, skills and behaviour described under points 1 to 9, with a view to be able to:

Member States may implement the appropriate measures to ensure that drivers who have lost the knowledge, skills and behaviour as described under points 1 to 9 can recover this knowledge and these skills and will continue to exhibit such behaviour required for driving a motor vehicle.

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(1)OJ L 370, 31.12.1985, p. 1. Regulation as repealed by Regulation (EC) No 561/2006 of the European Parliament and of the Council (OJ L 102, 11.4.2006, p. 1).

(2)OJ L 370, 31.12.1985, p. 8. Regulation as last amended by Regulation (EC) No 561/2006.

(3)  Commission Directive 2000/56/EC of 14 September 2000 amending Council Directive 91/439/EEC on driving licences (OJ L 237, 21.9.2000, p. 45).

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ANNEX III

MINIMUM STANDARDS OF PHYSICAL AND MENTAL FITNESS FOR DRIVING A POWER-DRIVEN VEHICLE

DEFINITIONS

MEDICAL EXAMINATIONS

SIGHT

Group 1:

Group 2:

HEARING

PERSONS WITH A LOCOMOTOR DISABILITY

Group 1:

Group 2:

CARDIOVASCULAR DISEASES

Group 1:

Group 2:

DIABETES MELLITUS

Group 2:

NEUROLOGICAL DISEASES

Group 1:

Group 2:

MENTAL DISORDERS

Group 1:

Group 2:

ALCOHOL

Group 1:

Group 2:

DRUGS AND MEDICINAL PRODUCTS

Regular use:

Group 1:

Group 2:

RENAL DISORDERS

Group 1:

Group 2:

MISCELLANEOUS PROVISIONS

Group 1:

Group 2:

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ANNEX IV

MINIMUM STANDARDS FOR PERSONS WHO CONDUCT PRACTICAL DRIVING TESTS

1.   Competences required by a driving examiner

2.   General conditions

2.3.   Equivalences

3.   Initial qualification

3.1.   Initial training

3.2.   Examinations

4.   Quality assurance and periodic training

4.1.   Quality assurance

4.2.   Periodic training

5.   Acquired rights

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(1)OJ L 199, 31.7.1985, p. 56.

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ANNEX V

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR COMBINATIONS AS DEFINED IN THE SECOND SUBPARAGRAPH OF ARTICLE 4(4)(B)

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3.

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ANNEX VI

MINIMUM REQUIREMENTS FOR DRIVER TRAINING AND TESTING FOR MOTORCYCLES WITHIN CATEGORY A (PROGRESSIVE ACCESS)

The length of the test and the distance travelled must be sufficient to assess the skills and behaviour laid down in point 3 of this Annex.

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ANNEX VII

Part A

REPEALED DIRECTIVE AS SUCCESSIVELY AMENDED

(referred to in Article 17)

Part B

DEADLINES FOR TRANSPOSITION INTO NATIONAL LAW AND FOR APPLICATION

(referred to in Article 17)

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(1)  Directive 91/439/EEC was also amended by the following act which has not been repealed: 1994 Act of accession.

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ANNEX VIII

CORRELATION TABLE

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

The Commission adopted its proposal on 21 October 2003.

On 23 February 2005, the European Parliament adopted its opinion in first reading.

On 18 September 2006 the Council adopted its common position in accordance with Article 251 of the Treaty.

In carrying out its work, the Council also took account of the opinion of the European Economic and Social Committee (1).

II.   ANALYSIS OF THE COMMON POSITION

The common position reflects the outcome of informal contacts between the European Parliament, the Commission and the Council. Although the proposal has been restructured to make it more logical and readable, in essence the common position text retains all the principal elements proposed by the Commission.

However, certain modifications have been agreed, reflecting either concerns raised by the Parliament in its first reading (i.e. the issue of mandatory exchange of all existing driving licences) or issues raised by the Council.

The common position, as it stands today, follows the aim of the three institutions to recast the existing Directive and to add the necessary provisions in order to meet the requirements of an extremely mobile society in an enlarged European Union (i.e. one document type throughout the Community) while increasing anti-fraud measures and improving road safety. The common position therefore addresses the following key issues:

(i)   The reclassification of vehicle-trailer combinations

As regards trailer combinations within category B, the Commission proposed to shift all combinations with trailers above 750 kg to category BE. The Parliament and the Council considered such a provision as too strict, given that a considerable number of ‘light’ camping trailers already surpass such weight limit due to their interior design. However, in order to meet road safety concerns and at the same time to avoid additional burden for the citizen, the two co-legislators decided to introduce a provision allowing a maximum authorized mass of 4 250 kg for vehicle and trailer combinations in category B. In case such a combination exceeds 3 500 kg, national authorities shall require additional training or the passing of a test of skills and behaviour or both. The requirements for the training and the practical test are laid down in a new Annex to the Directive (Annex V).

With this provision, and while respecting the type approval rules for vehicles, the Parliament and the Council assure that:

while the combination itself is being made more flexible and transparent for the citizen.

With regard to category BE, the two co-legislators agreed to allow a maximum authorised mass of 3 500 kg for the trailer. Combinations with a towing vehicle in category B and a trailer exceeding 3 500 kg can only be driven with a category C1E.

(ii)   The access regime to motorcycles

In the light of improving road safety and to make an equation between mobility and safety, the three institutions reached agreement on the principle of progressive access to motorcycles and on the age for mutual recognition of licences. The three institutions also decided to introduce a special category for mopeds (category AM), for which a licence can be obtained at the age of 16 years after having passed a theory test. Member States may impose further requirements and may decide to integrate category AM into the philosophy of progressive access if they wish.

As for further improving road safety and reducing the high number of accidents among young or novice motorcycle riders, the Parliament and the Council followed the Commission's principle of a staged (or progressive) access to motorcycles of higher specification. Therefore, they fixed the minimum age for motorcycles in category A1 (light motorcycles) at 16 years and for category A2 (medium size/weight motorcycles) at 18 years. The 2 years age difference must also be respected if a Member State decides to grant direct access to category A1 only at the age of 17 or 18 years. If the applicant has acquired a 2 year experience on category A1, he has to pass a test of skills and behaviour or complete a training in order to ride motorcycles in category A2.

The minimum age for category A (heavy motorcycles) is fixed at 20 years under the condition that the applicant has acquired a two years' experience on a motorcycle of category A2 and passed a test of skills and behaviour or completed a training.

For direct access to the most powerful motorcycles, the three institutions decided not to apply the philosophy of progressive access and to set the unique minimum age of 24 years throughout the Community, thus taking into account the lack of the applicant's experience.

(iii)   The ‘one person one licence’ approach

Driving licence fraud has become a well known phenomenon among the police authorities of the Member States. The various types of fraud range from trafficking the document itself, to unlawful obtaining of duplicates and the obtaining of a new licence in a different Member State while being banned from driving in the ‘home’ Member State.

Therefore, the Parliament and the Council fully support the Commission's approach of ‘one person — one licence’ in order to prevent these kinds of fraud in the future. The common position thus reconfirms the principle that one person can only hold one driving licence. It also introduces, in addition to the obligatory regular administrative renewal of the document, new provisions which oblige a Member State:

Member States will also be obliged to refuse to issue or to recognize the validity of a driving licence to a person whose licence is restricted, suspended or withdrawn in another Member State.

In order to improve the cooperation among the authorities of the Member States and to facilitate the checks, the three institutions agreed on the creation of a communication network for driving licences.

The common position, as it stands, also contains minimum standards safeguarding a high level of protection of the driving licence document and a provision allowing the Member States to insert a microchip in the licence.

(iv)   The obligatory exchange of all existing driving licences documents

In its proposal, the Commission introduced a new driving licence model which should — on the long run — be the only model in circulation within the Community. The Commission also presented provisions introducing a limited administrative validity for all new licences issued after the entry into force of this Directive. This limited administrative validity would be applicable to all categories of vehicles. The Commission proposal did not provide for a mandatory exchange of existing licences.

Whilst agreeing to the new Community driving licence model and to the compulsory renewal of the document, the Parliament and the Council decided to go one step further and to agree on a provision stipulating that all driving licence documents issued before the date of application of the current Directive and which are still valid and in circulation, will have to be replaced by the new driving licence model 26 years after the entry into force of this Directive at the latest. By doing so, the two co-legislators make sure that — as from a certain moment — there will be one single driving licence model in use throughout the Community.

(v)   Other issues

Introduction of a power/weight criterion for light motorcycles

Following a provision proposed by the Commission, the two co-legislators agreed to introduce a power/weight ratio not exceeding 0,1 kW/kg for light motorcycles (category A1). This measure will prevent the construction of extremely light vehicles with high acceleration and top speed possibilities, and thus have a considerable effect on the safety of young or novice motorcycle riders.

New technical characteristics for medium-weight motorcycles

In order to avoid the ‘downtuning’ of heavy motorcycles, and thus lowering the risk of accidents, the Parliament and the Council decided to follow the Commission's proposal to introduce an additional provision for ‘A2’ motorcycles stating that vehicles in this category cannot be derived from a vehicle of more than double its power.

Introduction of a new driving licence model

In order to enhance the protection against fraud and to reduce the number of licence models in circulation, the Parliament and the Council decided on the phasing-out of the paper Community driving licence model. Upon entry into force of the new legislation, the only Community driving licence model to be issued shall be a plastic card type, similar in shape and size to credit cards, which will allow for greater document safety and better protection against all attempts of forgery.

Minimum requirements for driving examiners

The existing Community legislation does not provide for set standards on the training and education of driving examiners which vary widely throughout the Union. Therefore the Commission decided to propose harmonised minimum requirements for examiners in order to arrive at comparable driving test results in the Community. The Parliament and the Council decided to follow the Commission and agreed on the introduction of basic conditions for entering the profession of driving examiners and on setting minimum standards for their initial qualification and regular training. Such harmonised provisions should also lead to an increase in road safety as they will help maintain the examiners' skills and experience in a fast changing technical environment.

III.   CONCLUSION

The common position on this Directive retains all the principal elements of the Commission proposal, adjusted in a balanced and appropriate manner to reflect the concerns of the Parliament and the Council. It is the result of contacts between the three institutions involved in the framework of the Joint Declaration on practical arrangements for the new co-decision procedure (2).

The Council has noted the undertaking given by the president of the Parliament's TRAN Committee, in the context of these contacts, to recommend this text for approval by the Parliament without amendment in second reading, following which the Directive will be deemed to have been adopted in accordance with the common position.

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(1)OJ C 112, 30.4.2004, p. 34. The Committee of the Regions decided not to deliver an opinion on the Commission proposal.

(2)OJ C 148, 28.5.1999, p.1.

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COMMON POSITION (EC) No 24/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Recommendation 2006/.../EC of the European Parliament and of the Council of ... on the protection of minors and human dignity and on the right of reply in relation to the competitiveness of the European audiovisual and on-line information services industry

(2006/C 295 E/02)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Article 157 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

After consulting the Committee of the Regions,

Acting in accordance with the procedure referred to in Article 251 of the Treaty (2),

Whereas:

HEREBY RECOMMEND THAT:

I.   The Member States, in the interests of promoting the development of the audiovisual and on-line information services industry, take the necessary measures to ensure the protection of minors and human dignity in all audiovisual and on-line information services by:

II.   The audiovisual and on-line information services industry and other parties concerned:

TAKE NOTE THAT THE COMMISSION:

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

----

(1)OJ C 221, 8.9.2005, p. 87.

(2)  Opinion of the European Parliament of 7 September 2005 (OJ C 193 E, 17.8.2006, p. 217), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)OJ C 364, 18.12.2000, p. 1.

(4)OJ L 270, 7.10.1998, p. 48.

(5)OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).

(6)  Decision No 276/1999/EC of the European Parliament and of the Council of 25 January 1999 adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (OJ L 33, 6.2.1999, p. 1). Decision as last amended by Decision No 787/2004/EC (OJ L 138, 30.4.2004, p. 12).

(7)  Decision No 1151/2003/EC of the European Parliament and of the Council of 16 June 2003 amending Decision No 276/1999/EC adopting a multiannual Community action plan on promoting safer use of the Internet by combating illegal and harmful content on global networks (OJ L 162, 1.7.2003, p. 1).

(8)OJ L 178, 17.7.2000, p. 1.

(9)OJ L 202, 30.7.1997, p. 60.

(10)OJ C 296, 10.11.1995, p. 15.

----

ANNEX I

INDICATIVE GUIDELINES FOR THE IMPLEMENTATION, AT NATIONAL LEVEL, OF MEASURES IN DOMESTIC LAW OR PRACTICE SO AS TO ENSURE THE RIGHT OF REPLY OR EQUIVALENT REMEDIES IN RELATION TO ON-LINE MEDIA

Objective: introducing measures in the domestic law or practice of the Member States in order to ensure the right of reply or equivalent remedies in relation to on-line media, with due regard for their domestic and constitutional provisions and without prejudice to the possibility of adjusting its exercise to the particularities of each type of medium.

The term ‘medium’ refers to any means of communication for dissemination to the public of edited information on-line such as newspapers, periodicals, radio, television and Internet-based news services.

Without prejudice to other provisions adopted by the Member States under civil, administrative or criminal law, any natural or legal person, regardless of nationality, whose legitimate interests, in particular, but not limited to, reputation and good name, have been affected by an assertion of facts in a publication or transmission should have the right of reply or equivalent remedies. Member States should ensure that the actual exercise of the right of reply or equivalent remedies is not hindered by the imposition of unreasonable terms or conditions.

The right of reply or equivalent remedies should exist in relation to on-line media under the jurisdiction of a Member State.

Member States should adopt the measures needed to establish the right of reply or equivalent remedies and should determine the procedure to be followed for the exercise thereof. In particular, they should ensure that a sufficient time span is allowed and that the procedures are such that the right of reply or equivalent remedies can be exercised appropriately by natural or legal persons resident or established in other Member States.

The right of reply can be ensured not only through legislation, but also through co-regulatory or self-regulatory measures.

The right of reply is a particularly appropriate remedy in the on-line environment because it allows for an instant response to contested information and it is technically easy to attach the replies from the persons affected. However, the reply should be within a reasonable time after the request has been substantiated and at a time and in a manner appropriate to the publication or transmission to which the request refers.

Provision should be made for procedures whereby disputes as to the exercise of the right of reply or the equivalent remedies could be subject to review by the courts or similar independent bodies.

An application for exercise of right of reply or the equivalent remedies may be rejected if the claimant does not have a legitimate interest in the publication of such a reply, or if the reply would involve a punishable act, would render the content provider liable to civil law proceedings or would transgress standards of public decency.

The right of reply is without prejudice to other remedies available to persons whose right to dignity, honour, reputation or privacy have been breached by the media.

----

ANNEX II

Examples of possible actions concerning media literacy:

----

ANNEX III

Examples of possible actions by the industries and the parties concerned for the benefit of minors:

----

STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

II.   OBJECTIVE

The proposal follows up on Council Recommendation 98/560/EC of 24 September1998 (1), the first legal instrument at EU level which addresses issues of protection of minors and human dignity in relation to audiovisual and information services.

The proposed Recommendation calls on the Member States, industry and interested parties and the Commission to enhance the protection of minors and to respect human dignity in both the broadcasting sector and on the internet. It proposes that Member States consider the introduction of measures concerning the right of reply in relation to on-line media. The following issues are addressed by the draft Recommendation:

III.   ANALYSIS OF THE COMMON POSITION

1.   General comments

The Council's common position retains the main elements of the Commission's original proposal. The main changes introduced by the Council aim to further refine the scope of the Recommendation. The Council has thus specified that the Recommendation covers ‘audiovisual and online information services’ rather than ‘audiovisual and information services’, and has differentiated the scope of the right of reply, which applies to online media, from the wider scope of the part of the Recommendation dealing with the protection of minors.

2.   European Parliament amendments

The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments.

The Council accepted in full, in part or in principle, as did the Commission in its amended proposal, amendments 1, 2, 4, 6, 7, 8, 9, 10, 11, 12, 14, 15, 16, 18, 19, 20, 21, 22, 23, 24, 25, 26, 28, 29, 30, 31, 33, 35, 36, 37 and 38.

The Council wishes to make the following comments on those amendments where its position slightly diverges from the Commission's modified proposal.

Regarding amendments 23 and 29, the Council has followed the approach taken by the Commission, i.e. some parts of the respective amendments were transferred — in the form of examples of possible actions to be taken in order to achieve the stated aims of the Recommendation — to annexes. It has, however, reinserted some elements considered important by the European Parliament in the body of the Recommendation, in order to further approximate positions with Parliament.

Likewise, whilst trying to avoid the introduction of a burdensome reporting obligation, the Council was able to accept the spirit of amendments 35 and 36, to meet Parliament's concerns that follow-up be ensured.

The Council was unable to accept the part of amendment 37 replacing the term ‘indicative guidelines’ by ‘minimum principles’ in the section relating to the right of reply, as this term was considered excessive in the context of a recommendation.

Regarding amendment 26, last indent, the Council took the view that it was preferable not to focus exclusively on the establishment of a single telephone hotline when envisaging the possible means of reporting illegal or suspicious activities on the Internet, and has retained a more open-ended wording.

The Council has followed the line taken by the Commission in its amended proposal and did not include amendments 3, 5, 13, 27, 32 and 34 in its common position.

IV.   CONCLUSION

The Council considers that, as a whole, its common position is fully in line with the objectives of the Commission's amended proposal. The Council also considers that it has taken due account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal and looks forward to an agreement with the Parliament in the near future with a view to the early adoption of the Recommendation.

----

(1)OJ L 270, 7.10.1998, p. 48.

----

----

COMMON POSITION (EC) No 25/2006

adopted by the Council on 18 September 2006

with a view to the adoption of Regulation (EC) No .../2006 of the European Parliament and of the Council of ... establishing a European Institute for Gender Equality

(2006/C 295 E/03)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 13(2) and 141(3) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (2),

Whereas:

HAVE ADOPTED THIS REGULATION:

Article 1

Establishment of the Institute

A European Institute for Gender Equality (hereinafter referred to as ‘the Institute’) is hereby established.

Article 2

Objectives

The overall objectives of the Institute shall be to contribute to and strengthen the promotion of gender equality, including gender mainstreaming in all Community policies and the resulting national policies, and the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality by providing technical assistance to the Community institutions, in particular the Commission, and the authorities of the Member States, as set out in Article 3.

Article 3

Tasks

1.   To meet the objectives set in Article 2, the Institute shall:

2.   The Institute shall publish an annual report on its activities.

Article 4

Areas of activity and working methods

1.   The Institute shall carry out its tasks within the competences of the Community and in the light of the objectives adopted and priority areas identified in its annual programme, and with due regard to the available budgetary resources.

2.   The work programme of the Institute shall be in line with the Community priorities in the field of gender equality and the work programme of the Commission, including its statistical and research work.

3.   In pursuing its activities, the Institute shall, in order to avoid duplication and to ensure the best possible use of resources, take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies and competent national and international organisations and work closely with the competent Commission services, including Eurostat. The Institute shall ensure appropriate coordination with all relevant Community agencies and Union bodies to be determined in a memorandum of understanding where appropriate.

4.   The Institute shall ensure that the information disseminated is comprehensible to the final users.

5.   The Institute may enter into contractual relations, in particular subcontracting arrangements, with other organisations, in order to accomplish any tasks which it may entrust to them.

Article 5

Legal personality and capacity

The Institute shall have legal personality. It shall enjoy, in each of the Member States, the most extensive legal capacity accorded to legal persons under their laws. In particular, it may acquire or dispose of movable or immovable property and may be a party to legal proceedings.

Article 6

Independence of the Institute

The Institute shall carry out its activities independently in the public interest.

Article 7

Access to documents

1.   Regulation (EC) No 1049/2001 shall apply to documents held by the Institute.

2.   The Management Board shall adopt arrangements for implementing Regulation (EC) No 1049/2001 within six months of the establishment of the Institute.

3.   Decisions taken by the Institute pursuant to Article 8 of Regulation (EC) No 1049/2001 may give rise to the lodging of a complaint to the Ombudsman or form the subject of an action before the Court of Justice, under the conditions laid down in Articles 195 and 230 of the Treaty respectively.

4.   Regulation (EC) No 45/2001 shall apply to the processing of data by the Institute.

Article 8

Cooperation with organisations at national and European level, international organisations and third countries.

1.   To help it carry out its tasks, the Institute shall cooperate with organisations and experts in the Member States, such as equality bodies, research centres, universities, non-governmental organisations, social partners as well as with relevant organisations at European or international level and third countries.

2.   Should agreements with international organisations or with third countries prove necessary for the Institute to carry out its tasks efficiently, the Community shall, in accordance with the procedure provided for in Article 300 of the Treaty, enter into such agreements with the international organisations or with third countries in the interests of the Institute. This provision shall not preclude ad-hoc cooperation with such organisations or third countries.

Article 9

Composition of the Institute

The Institute shall comprise:

Article 10

Management Board

1.   The Management Board shall consist of:

2.   The members of the Management Board shall be appointed in such a way as to secure the highest standards of competence and a broad range of relevant and transdisciplinary expertise in the area of gender equality.

The Commission and the Council shall aim to achieve a balanced representation between men and women on the Management Board.

Alternates who represent the member in his or her absence shall be appointed by the same procedure.

The list of the members and alternates of the Management Board shall be published by the Council in the Official Journal of the European Union, on the website of the Institute and on other relevant websites.

3.   The term of office shall be five years and may be renewed once.

4.   The Management Board shall elect its Chairperson and Vice-Chairperson to serve for a period of two and a half years, which may be renewed.

5.   Each member of the Management Board referred to under paragraph 1(a) or (b), or in his or her absence his or her alternate, shall have one vote.

6.   The Management Board shall take the decisions necessary for the operation of the Institute. In particular, it shall:

7.   The Management Board shall adopt the Institute's internal rules on the basis of a proposal drawn up by the Director after consultation with the Commission.

8.   Decisions by the Management Board shall be taken by a majority of its members. The Chairperson shall have the casting vote. In the cases referred to in paragraph 6 and in Article 12(1), decisions shall be taken by a two-thirds majority of its members.

9.   The Management Board shall adopt its rules of procedure on the basis of a proposal drawn up by the Director after consultation with the Commission.

10.   The Management Board shall establish a Bureau of six members, as set out in Article 11.

11.   The Chairperson shall convene the Management Board at least once a year. The Chairperson shall convene additional meetings on his or her own initiative or at the request of one-third of the members of the Management Board.

12.   The Institute shall forward annually to the European Parliament and the Council (hereinafter referred to as the ‘budgetary authority’) any information relevant to the outcome of the evaluation procedures.

13.   The Directors of the European Foundation for the Improvement of Living and Working Conditions, the European Agency for Safety and Health at Work, the Centre for the Development of Vocational Training and of the European Union Agency for Fundamental Rights may as appropriate be invited to attend meetings of the Management Board as observers in order to coordinate the respective working programmes as regards gender mainstreaming.

Article 11

Bureau

1.   The Bureau shall be made up of the Chairperson and the Vice-Chairperson of the Management Board, three members from the Management Board representing the Member States and a representative of the Commission.

The term of office shall be two and half years and may be renewed.

The members of the Bureau shall be appointed by the Management Board with a view to ensuring the necessary range of relevant expertise for the operation of the Bureau.

2.   Without prejudice to the responsibilities of the Director, as set out in Article 12, the Bureau shall monitor the implementation of the decisions of the Management Board and shall take all necessary administrative measures for the proper governing of the Institute between the meetings of the Management Board.

3.   Decisions by the Bureau shall be taken by consensus. If no consensus can be reached, the Bureau shall refer the matter to the Management Board for decision.

4.   The Bureau shall keep the Management Board fully and regularly informed of its activities and any decisions taken.

Article 12

Director

1.   The Institute shall be headed by a Director appointed by the Management Board on a proposal from the Commission. Before being appointed, the candidate selected by the Management Board may be asked to make a declaration before the competent committee(s) of the European Parliament and answer questions from its/their members.

2.   The Director's term of office shall be 5 years. On a proposal from the Commission and after evaluation, this term of office may be extended once for a period of not more than 5 years. In the evaluation, the Commission shall assess in particular:

3.   The Director shall be responsible, under the supervision of the Management Board, for:

4.   The Director shall be accountable for the management of his or her activities to the Management Board and shall take part in its meetings without voting rights. He or she may also be invited by the European Parliament to report during a hearing on significant issues linked to the Institute's activities.

5.   The Director shall be the Institute's legal representative.

Article 13

Staff

1.   The Staff Regulations of officials of the European Communities and the Conditions of Employment of other servants of the European Communities laid down by Council Regulation (EEC, ECSC, Euratom) No 259/68 (12) and the rules adopted jointly by the European Community institutions for the purpose of applying these Staff Regulations and Conditions of Employment shall apply to the staff of the Institute.

2.   The Management Board, in agreement with the Commission, shall adopt the necessary implementing measures, in accordance with the arrangements provided for in Article 110 of the Staff Regulations. The Management Board may adopt provisions to allow national experts from Member States to be employed on secondment at the Institute.

3.   The Institute shall exercise in respect of its staff the powers devolved to the appointing authority.

Article 14

Drawing up of the budget

1.   Estimates of all the revenue and expenditure of the Institute shall be prepared for each financial year, corresponding to the calendar year, and shall be shown in the budget of the Institute.

2.   The revenue and expenditure shown in the budget of the Institute shall be in balance.

3.   The revenue of the Institute shall, without prejudice to other resources, comprise:

4.   The expenditure of the Institute shall include staff remuneration, administrative and infrastructure costs and operating expenses.

5.   Each year the Management Board, on the basis of a draft drawn up by the Director, shall produce an estimate of revenue and expenditure for the Institute for the following financial year. This estimate, which shall include a draft establishment plan, shall be forwarded by the Management Board to the Commission by 31 March at the latest.

6.   The estimate shall be forwarded by the Commission to the budgetary authority together with the preliminary draft general budget of the European Union.

7.   On the basis of the estimate, the Commission shall enter in the preliminary draft general budget of the European Union the estimates it deems necessary for the establishment plan and the amount of the subsidy to be charged to the general budget, which it shall place before the budgetary authority in accordance with Article 272 of the Treaty.

8.   The budgetary authority shall authorise the appropriations for the subsidy to the Institute and shall adopt the establishment plan for the Institute.

9.   The budget of the Institute shall be adopted by the Management Board. It shall become final following final adoption of the general budget of the European Union. Where appropriate, it shall be adjusted accordingly.

10.   The Management Board shall, as soon as possible, notify the budgetary authority of its intention to implement any project which may have significant financial implications for the funding of its budget, in particular any projects relating to property such as the rental or purchase of buildings. It shall inform the Commission thereof.

Where a branch of the budgetary authority has notified its intention to deliver an opinion, it shall forward its opinion to the Management Board within a period of six weeks from the date of notification of the project.

Article 15

Implementation of the budget

1.   The Director shall implement the budget of the Institute.

2.   By 1 March at the latest following each financial year, the Institute's accounting officer shall communicate the provisional accounts to the Commission's accounting officer together with a report on the budgetary and financial management for that financial year. The Commission's accounting officer shall consolidate the provisional accounts of the institutions and decentralised bodies in accordance with Article 128 of Council Regulation (EC, Euratom) No 1605/2002 (13) (hereinafter referred to as ‘the Financial Regulation’).

3.   By 31 March at the latest following each financial year, the Commission's accounting officer shall forward the Institute's provisional accounts to the Court of Auditors, together with the report mentioned in paragraph 2. The report shall also be forwarded to the European Parliament and the Council.

4.   On receipt of the Court of Auditors' observations on the Institute's provisional accounts, pursuant to Article 129 of the Financial Regulation, the Director shall draw up the Institute's final accounts under his or her own responsibility and forward them to the Management Board for an opinion.

5.   The Management Board shall deliver an opinion on the Institute's final accounts.

6.   By 1 July at the latest following each financial year, the Director shall forward the final accounts to the European Parliament, the Council, the Commission and the Court of Auditors, together with the Management Board's opinion.

7.   The final accounts shall be published.

8.   The Director shall send the Court of Auditors a reply to its observations by 30 September at the latest. He or she shall also send that reply to the Management Board.

9.   The Director shall submit to the European Parliament, at the latter's request, any information required for the smooth application of the discharge procedure for the financial year in question, as laid down in Article 146(3) of the Financial Regulation.

10.   By 30 April of year N + 2, the European Parliament, on a recommendation from the Council acting by a qualified majority, shall give a discharge to the Director in respect of the implementation of the budget for year N.

11.   The financial rules applicable to the Institute shall be adopted by the Management Board after the Commission has been consulted. They may not depart from Regulation (EC, Euratom) No 2343/2002 unless specifically required for the Institute's operation and with the Commission's prior consent.

Article 16

Languages

1.   The provisions laid down in Regulation No 1 of 15 April 1958 determining the languages to be used in the European Economic Community (14) shall apply to the Institute.

2.   The translation services required for the functioning of the Institute shall, in principle, be provided by the Translation Centre for the Bodies of the European Union set up by Council Regulation (EC) No 2965/94 (15).

Article 17

Privileges and immunities

The Protocol on the Privileges and Immunities of the European Communities shall apply to the Institute.

Article 18

Liability

1.   The contractual liability of the Institute shall be governed by the law applicable to the contract in question.

The Court of Justice shall have jurisdiction pursuant to an arbitration clause contained in any contracts concluded by the Institute.

2.   In the case of non-contractual liability, the Institute shall, in accordance with the general principles common to the laws of the Member States, make good any damage caused by the Institute or its servants in the performance of their duties.

The Court of Justice shall have jurisdiction in disputes relating to compensation for any such damage.

Article 19

Participation of third countries

1.   The Institute shall be open to the participation of countries which have concluded agreements with the European Community by virtue of which they have adopted and apply Community legislation in the field covered by this Regulation.

2.   Arrangements shall be made under the relevant provisions of those agreements, specifying in particular the nature, extent and manner in which those countries are to participate in the Institute's work, including provisions relating to participation in the initiatives undertaken by the Institute, financial contributions and staff. As regards staff matters, those agreements shall, at all events, be in accordance with the Staff Regulations of officials of the European Communities and the Conditions of employment of other servants of the European Communities.

Article 20

Evaluation

1.   By ... (16), the Institute shall commission an independent external evaluation of its achievements on the basis of terms of reference issued by the Management Board in agreement with the Commission. The evaluation shall assess the impact of the Institute on the promotion of gender equality and shall include an analysis of the synergy effects. It shall in particular address the possible need to modify or extend the tasks of the Institute, including the financial implications of any such modification or extension. The evaluation shall take into account the views of the stakeholders, at both Community and national level.

2.   The Management Board, in agreement with the Commission, shall decide the timing of future evaluations, taking into account the results of the evaluation report mentioned in paragraph 1.

Article 21

Review clause

The Management Board shall examine the conclusions of the evaluation mentioned in Article 20 and issue to the Commission such recommendations as may be necessary regarding changes in the Institute, its working practices and remit. The Commission shall forward the evaluation report and the recommendations to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions and make them public. After examination of the evaluation report and the recommendations, the Commission may submit any proposals which it deems necessary for amendments to this Regulation.

Article 22

Administrative control

The operations of the Institute shall be subject to the supervision of the Ombudsman in accordance with the provisions of Article 195 of the Treaty.

Article 23

Start of the Institute's activities

The Institute shall be operational as soon as possible and in any event not later than ... (17).

Article 24

Entry into force

This Regulation shall enter into force on the 20th day following that of its publication in the Official Journal of the European Union.

This Regulation shall be binding in its entirety and directly applicable in all Member States.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

----

(1)OJ C 24, 31.1.2006, p. 29.

(2)  Opinion of the European Parliament of 14 March 2006 (not yet published in the Official Journal), Council Common Position of 18 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

(3)  European Commission Feasibility Study for a European Gender Institute (conducted by PLS Ramboll Management, DK, 2002).

(4)OJ C 102 E, 28.4.2004, p. 638.

(5)  Council Regulation (EEC) No 1365/75 of 26 May 1975 on the creation of a European Foundation for the Improvement of Living and Working Conditions (OJ L 139, 30.5.1975, p. 1). Regulation as last amended by Regulation (EC) No 1111/2005 (OJ L 184, 15.7.2005, p. 1).

(6)  Council Regulation (EC) No 2062/94 of 18 July 1994 establishing a European Agency for Safety and Health at Work (OJ L 216, 20.8.1994, p. 1). Regulation as last amended by Regulation (EC) No 1112/2005 (OJ L 184, 15.7.2005, p. 5).

(7)  Council Regulation (EEC) No 337/75 of 10 February 1975 establishing a European Centre for the Development of Vocational Training (OJ L 39, 13.2.1975, p. 1). Regulation as last amended by Regulation (EC) No 2051/2004 (OJ L 355, 1.12.2004, p. 1).

(8)  Member States meeting in the framework of the European Council in December 2003 requested the Commission to prepare a proposal for a human rights agency by extending the mandate of the European Monitoring Centre on Racism and Xenophobia.

(9)  Regulation (EC) No 1049/2001 of the European Parliament and of the Council of 30 May 2001 regarding public access to European Parliament, Council and Commission documents (OJ L 145, 31.5.2001, p. 43).

(10)  Regulation (EC) No 45/2001 of the European Parliament and of the Council of 18 December 2000 on the protection of individuals with regard to the processing of personal data by the Community institutions and bodies and of the free movement of such data (OJ L 8, 12.1.2001, p. 1).

(11)OJ L 357, 31.12.2002, p. 72. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

(12)OJ L 56, 4.3.1968, p. 1. Regulation as last amended by Regulation (EC, Euratom) No 2104/2005 (OJ L 337, 22.11.2005, p. 7).

(13)  Council Regulation (EC, Euratom) No 1605/2002 of 25 June 2002 on the Financial Regulation applicable to the general budget of the European Communities (OJ L 248, 16.9.2002, p. 1).

(14)OJ L 17, 6.10.1958, p. 385. Regulation as last amended by Council Regulation No 920/2005 (OJ L 156, 18.6.2005, p. 3).

(15)  Council Regulation (EC) No 2965/94 of 28 November 1994 setting up a Translation Centre for bodies of the European Union (OJ L 314, 7.12.1994, p. 1). Regulation as last amended by Regulation (EC) No 1645/2003 (OJ L 245, 29.9.2003, p. 13).

(16)  The end of the third year following the entry into force of this Regulation.

(17)  Twelve months after the entry into force of this Regulation.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

On 8 March 2005, the Commission submitted to the Council, on the basis of Articles 13(2) and 141(3) of the Treaty, a proposal for a Regulation of the European Parliament and of the Council Directive establishing a European Institute for Gender Equality.

The European Parliament delivered its Opinion in 1st reading on 14 March 2006.

The Economic and Social Committee delivered its Opinion 27 September 2005.

The Commission adopted an amended proposal on 8 May 2006.

The Council adopted a Common Position on 18 September 2006 in accordance with the procedure laid down in Article 251 of the Treaty.

II.   OBJECTIVE

The Regulation will establish a European Institute for Gender Equality, which should serve as a centre of excellence at EU level, providing technical support to the Community Institutions and the Member States, in particular in terms of the collection and analysis of comparable data and statistics, as well as the development of methodological tools to assist in the process of gender mainstreaming. The overall objectives of the Institute will be to contribute to and reinforce the promotion of gender equality, assist the Community institutions in the fight against discrimination based on sex, and to raise EU citizens' awareness of gender equality issues.

III.   ANALYSIS OF THE COMMON POSITION

1.   General Observations

The Council's common position has been established in accordance with the objectives of Articles 13(2) and 141(3) of the Treaty relating, respectively, to combating discrimination and the application of the principle of equal opportunities and equal treatment of men and women in matters of employment and occupation, including the principle of equal pay for equal work or work of equal value.

In adopting the common position, the Council has, with the exception of questions relating to the composition of the Management Board and the Advisory Forum, largely followed the line taken by the Commission in its amended proposal.

2.   The European Parliament's amendments

In its first reading on 14 March 2006, the European Parliament adopted 52 amendments.

2.1.   European Parliament amendments accepted by the Council

In its common position, the Council took into account 35 amendments. Out of these, the Council:

2.2.   European Parliament's amendments not accepted by the Council

The Council did not accept 11 amendments for the reasons explained by the Commission in its amended proposal (Nos. 1, 23, 30, 31, 32, 33, 34, 46, 47, 52 and 54).

The Council also could not accept a further 6 amendments, with the question of the composition of the Management Board being the main area of difference between the Institutions.

—   Dialogue at international level (amendment 26, Article 3(1))

The Council does not consider this amendment to be necessary as Article 8 specifically deals with ‘cooperation with organisations at national and European level and international organisations and third countries’ and sets out a procedure for such cooperation. Article 4, which outlines the areas of activity and working methods of the Institute, also refers to the need to ‘take account of existing information from whatever source and in particular of activities already carried out by the Community institutions and by other institutions, bodies, competent national and international organisations ...’. Moreover, the Council considers that legal clarity could be compromised by adding this aspect to the already long list of tasks under Article 3.

—   Composition of the Management Board (Amendments 66 & 82, Article 10(1))

In reaching a general approach in June 2005, the Council did not accept the Commission's original proposal for a restricted Management Board, preferring a fully representative Board of 25 members, accompanied by a small Bureau composed of six members (Article 11). In this scenario, the Commission would have three representatives on the Board and there would be three non-voting members representing an appropriate non-governmental organisation at Community level and the social partners.

Having received the opinion of the European Parliament in March 2006, the Council examined the merits of amendments 66 and 82, calling for a small Management Board comprised of nine members appointed by the Council and a representative of the Commission. Whilst this was considered to be an improvement on the Commission's original proposal, it was nonetheless unacceptable to the Council for a number of reasons:

It should also be noted that the Council's position in relation to the composition of the Management Board reflects the general horizontal position taken in the past on other Community agencies or bodies. Whilst several delegations were willing to reconsider their position in the case of the Institute due to its relatively small size and modest budget, it was acknowledged that it was impossible to say at this stage whether a smaller Board accompanied by a large Advisory Forum would in fact be more efficient than a representative Board assisted by a small Bureau. Moreover, the setting up of a small Bureau, which could meet more frequently than the Management Board, was an important consideration in ensuring the cost-effectiveness of the Institute.

—   Representation between men and women: 40 % quota (amendment 39, Article 10(2))

The Council supports the concept of a balanced representation between men and women on the Management Board as set out in the common position. However, it does not wish unnecessarily to hamper the operation of the Institute by having an obligatory quota, which might be difficult to fulfil in practice given that there are generally more women involved in gender equality policy than men at the current time. Whilst achieving a gender balance is important, and there are moves to involve more men in this area, the Council considers that the experience and competence of the Board members in the field of gender equality are also important considerations to be taken into account.

—   Advisory Forum (amendments 67 & 83, 68 & 84 and 51, Article 12 of the Commission's original proposal)

In the Council's preferred scenario of a large Management Board, assisted by a small Bureau, it was considered that the Advisory Forum, as envisaged by the Commission and the Parliament, was no longer necessary. Moreover, in order to ensure that the Institute would benefit from the valuable expertise available at a national level, Article 3 of the common position sets up a European Network on Gender Equality, as requested by the Parliament, and also provides for an ‘annual meeting of experts from the competent bodies specialised in gender equality issues in the Member States’.

3.   Other changes made by the Council

A number of other small technical changes, of a legal or linguistic nature, were agreed in the context of the Legal/Linguistic procedure between the European Parliament and the Council.

IV.   CONCLUSION

The Council considers that, despite the differing opinions on the composition of the Management Board, the common position is in line with the fundamental objectives of the Commission's amended proposal.

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COMMON POSITION (EC) No 26/2006

adopted by the Council on 25 September 2006

with a view to the adoption of Decision No .../2006/EC of the European Parliament and of the Council of... establishing for the period 2007 to 2013 the programme ‘Europe for Citizens’ to promote active European citizenship

(2006/C 295 E/04)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community, and in particular Articles 151 and 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and Social Committee (1),

Having regard to the Opinion of the Committee of the Regions (2),

Acting in accordance with the procedure laid down in Article 251 of the Treaty (3),

Whereas:

HAVE DECIDED AS FOLLOWS:

Article 1

Subject matter and scope of the programme

1.   This Decision establishes the programme ‘Europe for Citizens’ (hereinafter referred to as ‘the programme’) for the period from 1 January 2007 to 31 December 2013.

2.   The programme shall contribute to the following general objectives:

Article 2

Specific objectives of the programme

The programme shall have the following specific objectives in line with the fundamental goals of the Treaty, which shall be implemented on a transnational basis:

Article 3

Actions

1.   The objectives of the programme shall be pursued through support for the following actions, details of which may be found in Part I of the Annex:

2.   In each action, priority may be given to the balanced integration of citizens and civil society organisations from all Member States, as provided for in the specific objective set out in Article 2(d).

Article 4

Forms of Community measures

1.   Community measures may take the form of grants or public procurement contracts.

2.   Community grants may be provided through specific forms such as operating grants, action grants, scholarships, prizes.

3.   Public procurement contracts will cover the purchase of services, such as for organising events, studies and research, information and dissemination tools, monitoring and evaluation.

4.   To be eligible for a Community grant, the beneficiaries must satisfy the requirements set out in Part II of the Annex.

Article 5

Participation in the programme

The programme shall be open to the participation of the following countries, hereinafter referred to as the ‘participating countries’:

Article 6

Access to the programme

The programme shall be open to all stakeholders promoting active European citizenship, in particular local authorities and organisations, European public policy research organisations (think-tanks), citizens' groups and other civil society organisations.

Article 7

Cooperation with international organisations

The programme may cover joint and innovative activities in the field of active European citizenship, with relevant international organisations such as the Council of Europe and UNESCO, on the basis of joint contributions and in accordance with the Financial Regulation and various rules of each institution or organisation.

Article 8

Implementing measures

1.   The Commission shall adopt the measures necessary for the implementation of the programme in accordance with the provisions of the Annex.

2.   The following measures shall be adopted in accordance with the procedure referred to in Article 9(2):

3.   All other measures necessary for the implementation of the programme shall be adopted in accordance with the procedure referred to in Article 9(3).

4.   As part of the procedure mentioned in paragraph 2, the Commission may draw up guidelines for each of the actions in the Annex in order to adapt the programme to any changes of priority in the field of active European citizenship.

Article 9

Committee

1.   The Commission shall be assisted by a committee.

2.   Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.

3.   Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.

4.   The committee shall adopt its rules of procedure.

Article 10

Coherence with other Community and European Union instruments

1.   The Commission shall ensure coherence and complementarity between the programme and instruments in other areas of Community action, especially education, vocational training, culture, youth, sport, the environment, the audiovisual sector and the media, fundamental rights and freedoms, social inclusion, gender equality, combating all forms of discrimination, racism and xenophobia, scientific research, information society and Community external action, in particular at the level of European Neighbourhood policy.

2.   The programme may share resources with other Community and European Union instruments in order to implement actions meeting the objectives of both the programme and these other instruments.

Article 11

The financial envelope

1.   The financial envelope for the implementation of the programme for the period referred to in Article 1 is hereby set at EUR 190 million (11).

2.   The annual appropriations shall be authorised by the budgetary authority within the limits of the financial framework.

Article 12

Financial provisions

1.   Financial aid shall take the form of grants to legal persons. Depending on the nature of the action and the objective pursued, grants may also be awarded to natural persons.

2.   The Commission may award prizes to natural or legal persons for actions or projects implemented under the programme.

3.   In accordance with Article 181 of Regulation (EC, Euratom) No 2342/2002, and depending on the nature of the action, flat-rate financing and/or the application of unit-cost rates may be authorised.

4.   Co-financing in kind may be permitted.

5.   The Commission may decide, in view of the characteristics of the beneficiaries and the nature of the actions, to exempt beneficiaries from verification of the professional competencies and qualifications required to complete the proposed action or work programme.

6.   The amount of information to be provided by the beneficiary may be limited in the case of small grants.

7.   In specific cases such as the award of a small grant, the beneficiary need not be required to demonstrate its financial capacity to perform the planned project or the work programme.

8.   Operating grants awarded under the programme to bodies pursuing an aim of general European interest, as defined in Article 162 of Regulation (EC, Euratom) No 2342/2002, shall not be automatically decreased in the event of renewal.

Article 13

Protection of the Community's financial interests

1.   The Commission shall ensure that, when actions financed under this Decision are implemented, the financial interests of the Community are protected by the application of preventive measures against fraud, corruption and any other illegal activities, by effective checks and by the recovery of amounts unduly paid and, if irregularities are detected, by effective, proportional and dissuasive penalties, in accordance with Council Regulation (EC, Euratom) No 2988/95 of 18 December 1995 on the protection of the European Communities financial interests (12), 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 (13) and with 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) (14).

2.   For the Community actions financed under the programme, the notion of irregularity referred to in Article 1(2) of Regulation (EC, Euratom) No 2988/95 shall mean any infringement of a provision of Community law or any breach of a contractual obligation resulting from an act or omission by an economic operator, which has, or would have, the effect of prejudicing the general budget of the Communities or budgets managed by them, by an unjustified item of expenditure.

3.   The Commission shall reduce, suspend or recover the amount of financial assistance granted for an action if it finds irregularities, including non-compliance with the provisions of this Decision or the individual decision or the contract or agreement granting the financial support in question, or if it transpires that, without Commission approval having being sought, the action has been subjected to a change which conflicts with the nature or implementing conditions of the project.

4.   If the time limits have not been observed or if only part of the allocated financial assistance is justified by the progress made with implementing an action, the Commission shall request the beneficiary to submit observations within a specified period. If the beneficiary does not give a satisfactory answer, the Commission may cancel the remaining financial assistance and demand repayment of sums already paid.

5.   Any undue payment shall be repaid to the Commission. Interest shall be added to any sums not repaid in good time under the conditions laid down by the Financial Regulation.

Article 14

Monitoring and evaluation

1.   The Commission shall ensure regular monitoring of the programme. The results of the monitoring and evaluation process shall be utilised in implementing the programme. Monitoring shall include in particular the drawing up of the reports referred to in paragraph 3 points (a) and (c).

The specific objectives may be revised in accordance with Article 251 of the Treaty.

2.   The Commission shall ensure regular, external and independent evaluation of the programme and shall report to the European Parliament on a regular basis.

3.   The Commission shall submit to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions:

Article 15

Transitional provision

Actions started before 31 December 2006 pursuant to Decision 2004/100/EC shall continue to be governed, until their completion, by that Decision.

As provided for by Article 18 of the Financial Regulation, the appropriations corresponding to assigned revenue arising from the repayment of amounts wrongly paid pursuant to Decision 2004/100/EC may be made available to the Programme.

Article 16

Entry into force

This Decision shall enter into force on the twentieth day following its publication in the Official Journal of the European Union.

It shall apply from 1 January 2007.

Done at ..., on ...

For the European Parliament

The President

...

For the Council

The President

...

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(1)OJ C 28, 3.2.2006, p. 29.

(2)OJ C 115, 16.5.2006, p. 81.

(3)  Opinion of the European Parliament of 5 April 2006 (not yet published in the Official Journal), Council Common Position of 25 September 2006 and Position of the European Parliament of ... (not yet published in the Official Journal).

(4)OJ C 364, 18.12.2000, p. 1.

(5)OJ L 30, 4.2.2004, p. 6.

(6)OJ L 138, 30.4.2004, p. 40.

(7)OJ L 248, 16.9.2002, p. 1.

(8)OJ L 357, 31.12.2002, p. 1. Regulation as last amended by Commission Regulation (EC, Euratom) No 1248/2006 (OJ L 227, 19.8.2006, p. 3).

(9)OJ C 139, 14.6.2006, p. 1.

(10)OJ L 184, 17.7.1999, p. 23. Decision as amended by Decision 2006/512/EC (OJ L 200, 22.7.2006, p. 11).

(11)  This amount is based on 2004 figures and shall be subject to technical adjustment to take account of inflation.

(12)OJ L 312, 23.12.1995, p. 1.

(13)OJ L 292, 15.11.1996, p. 2.

(14)OJ L 136, 31.5.1999, p. 1.

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ANNEX

I.   DESCRIPTION OF ACTIONS

Complementary information on access to the programme

Civil society organisations as mentioned in Article 6 include, inter alia, trade unions, educational institutions and organisations active in the field of voluntary work and amateur sport.

ACTION 1:   Active citizens for Europe

This action forms that part of the programme directed specifically at activities involving citizens. These activities fall under two types of measures as follows:

Town-twinning

This measure is aimed at activities that involve or promote direct exchanges between European citizens through their participation in town-twinning activities. These may be one-off or pilot activities, or take the form of structured, multi-annual, multi-partner agreements following a more programmed approach and comprising a set of activities ranging from citizens' meetings to specific conferences or seminars on subjects of common interest, along with related publications, organised in the context of town-twinning activities. This measure will actively contribute to strengthening mutual knowledge and understanding between citizens and between cultures.

For the years 2007, 2008 and 2009, structural support may be provided directly to the Council of European Municipalities and Regions (CEMR), a body pursuing an aim of general European interest, active in the field of town twinning.

Citizens' projects and support measures

Under this measure, a variety of projects of a transnational and cross-sectoral dimension, directly involving citizens, will be supported. Priority is given to projects aimed at encouraging local level participation. The scale and scope of such projects will depend on the developments within the society and will explore, through innovative approaches, the possible responses to the identified needs. The use of new technologies, in particular information society technologies (IST), will be encouraged. Those projects will gather citizens from different horizons, who will act together or debate on common European issues, thereby developing mutual understanding as well as raising awareness of the process of European integration.

In order to improve town-twinning and citizens' projects, it is also necessary to develop support measures to exchange best practices, to pool experiences between stakeholders at local and regional levels including public authorities, and to develop new skills, for example through training.

As an indication, at least 47 % of the total budget allocated to the programme will be devoted to this action.

ACTION 2:   Active civil society in Europe

Structural support for European public policy research organisations (think-tanks)

Bodies providing new ideas and reflections on European issues are important institutional interlocutors able to provide independent strategic, cross-sectoral recommendations to the EU institutions. They can undertake activities that feed the debate notably on citizenship of the European Union and on European values and cultures. This measure is aimed at strengthening the institutional capacity of those organisations, which are representative, provide real European added value, can bring about important multiplier effects and, finally, are able to cooperate with other beneficiaries of the programme. The strengthening of transeuropean networks is an important element in this area. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.

For the years 2007, 2008 and 2009, structural support may be provided directly for the association ‘Groupement d'études et de recherches Notre Europe’ and for the ‘Institut für Europäische Politik’, as bodies pursuing an aim of general European interest.

Structural support for civil society organisations at European level

Civil society organisations are an important part of the civic, educational, cultural and political activities for participating in society. They need to exist and to be able to operate and cooperate at European level. They should also be able to participate in policy-making through consultation. This measure will provide them with the capacity and stability to act in a cross-sectoral and horizontal dimension as transnational catalysts for their members and for civil society at European level, thus contributing to the objectives of the programme. The strengthening of transeuropean networks and European associations is an important element of this area of work. Grants may be awarded on the basis of a multi-annual work programme bringing together a range of themes or activities.

For the years 2007, 2008 and 2009, structural support may be provided directly for three bodies pursuing an aim of general European interest: the Platform of European Social NGOs, the European Movement and the European Council on Refugees and Exiles.

Support for projects initiated by civil society organisations

Civil society organisations at local, regional, national or European level involve citizens or represent their interests through debate, publications, advocacy, and other concrete transnational projects. Introducing or building on a European dimension in the activities of civil society organisations, will enable them to enhance their capacities and reach wider audiences. Direct cooperation among civil society organisations from different Member States will contribute to mutual understanding for the different cultures and points of view and to the identification of shared concerns and values. While this may be in the form of single projects, a longer-term approach will also ensure a more sustainable impact and the development of networks and synergies.

As an indication, approximately 29 % of the total budget allocated to the programme will be devoted to this action.

ACTION 3:   Together for Europe

High-visibility events

This measure will support events organised by the Commission, where appropriate in cooperation with the Member States or other relevant partners, which are substantial in scale and scope, strike a chord with the peoples of Europe, help to increase their sense of belonging to the same community, make them aware of the history, achievements and values of the European Union, involve them in intercultural dialogue and contribute to the development of their European identity.

These events may include the commemoration of historical events, the celebration of European achievements, artistic events, awareness-raising around specific issues, European-wide conferences and the awarding of prizes to highlight major accomplishments. The use of new technologies, in particular IST, shall be encouraged.

Studies

In order to get a better understanding of active citizenship at European level, the Commission will carry out studies, surveys and opinion polls.

Information and dissemination tools

Given the focus on citizens and the variety of initiatives in the field of active citizenship, comprehensive information on the various activities of the programme, on other European actions related to citizenship and on other relevant initiatives needs to be provided through an Internet portal and other tools.

For the years 2007, 2008 and 2009, structural support may be provided directly for the ‘Association Jean Monnet’, the ‘Centre européen Robert Schuman’ and the ‘Maisons de l'Europe’ federated at national and European level, as bodies pursuing an aim of general European interest.

As an indication, approximately 10 % of the total budget allocated to the programme will be devoted to this action.

ACTION 4:   Active European Remembrance

Under this action projects of the following types may be supported:

Approximately 4 % of the total budget allocated to the programme will be devoted to this action.

II.   PROGRAMME MANAGEMENT

The implementation of the programme will be guided by the principles of transparency as well as openness, to a large variety of organisations and projects. As a consequence, projects and activities will be selected, as a general rule, by means of open calls for proposals. Derogations will be possible only in very specific circumstances and in full compliance with Article 168(1) points (c) and (d) of Regulation (EC, Euratom) No 2342/2002.

The programme will develop the principle of multi-annual partnerships based on agreed objectives, building on the analysis of the results, in order to ensure mutual benefits for both civil society and the European Union. The maximum duration of funding allocated through a single grant agreement under the programme shall be limited to 3 years.

For some actions, it might be necessary to adopt indirect centralised management by an executive agency or, especially for action 1, by national agencies.

All actions will be implemented on a transnational basis. They will encourage mobility of citizens and ideas within the European Union.

The elements of networking and focussing on the multiplier effects, including the use of information and communication technologies (ICT), will be important and will be reflected both in the types of activities and the range of organisations involved. The development of interaction and synergy among the various types of stakeholders involved in the programme will be encouraged.

The programme budget may also cover expenditure associated with the preparation, follow-up, monitoring, auditing and evaluation activities directly necessary for the management of the programme and the realisation of its objectives, in particular studies, meetings, information and publication activities, expenditure associated with the IT networks for the exchange of information and any other administrative and technical support expenditure on which the Commission may decide for the management of the programme.

The overall administrative expenditure of the programme should be proportional to the tasks provided for in the programme concerned and, as an indication, should represent approximately 10 % of the total budget allocated to the programme.

The Commission may undertake information, publication and dissemination activities as appropriate, thereby ensuring broad knowledge and a high impact of the activities supported by the programme.

III.   CONTROLS AND AUDITS

For projects selected in accordance with this Decision, a sampling audit system will be established.

The beneficiary of a grant must make available to the Commission all supporting documents relating to expenditure for a period of five years from the date of the final payment. The beneficiary of a grant must ensure that, where applicable, supporting documents in the possession of partners or members are made available to the Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the contract and for a period of five years from the date of payment of the balance. Where appropriate, the audit findings may lead to recovery decisions by the Commission.

Commission staff and outside personnel authorised by the Commission must have appropriate access to the offices of the beneficiary and to all the information, including information in electronic format, necessary for such audits.

The Court of Auditors and the European Anti-Fraud Office (OLAF) will have the same rights, especially of access, as the Commission.

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STATEMENT OF THE COUNCIL'S REASONS

I.   INTRODUCTION

II.   OBJECTIVE

III.   ANALYSIS OF THE COMMON POSITION

1.   General comments

The Council's common position retains the main elements of the Commission's original proposal. In general the Council, the European Parliament and the Commission have similar views regarding this Decision.

The budget of EUR 190 million (at 2004 prices, and subject to adjustment to take account of inflation) was agreed by the three institutions in the context of the inter-institutional agreement on the Financial framework for 2007-2013.

The Council has taken up in its common position the idea of the European Parliament to add a new fourth action line relating to active European remembrance. The Council has also responded positively to the Parliament's suggestion to add three additional ‘designated bodies’ (making nine in all) to receive grants under the programme. However, to ensure an appropriate balance, the special status of these nine bodies is phased-out after three years.

Regarding the indicative budget breakdown, the Council has sought to emphasise further the relative importance of Action 1 (town-twinning and citizens' projects) and, like the Parliament, has sought to reduce spending on the management of the programme.

Regarding programme implementation and comitology, the Council has extended the use of the management procedure to also cover certain cases of financial support.

2.   European Parliament amendments

The Council has sought in its common position to take account of the European Parliament's concerns and priorities and was able to accept most of Parliament's amendments.

Amendments 1, 2, 3, 4, 5, 6, 7, 10, 12, 14, 15, 16, 17, 18, 19, 20, 22, 24, 25, 28, 29, 30, 31, 32, 34, 37, 39, 42, 43, 44, 46, 48, 49, 50, 51, 52, 60 and 61 have been accepted in full, in part or in principle.

Regarding amendments 8, 9, 11, 13, 23, 26, 33, 35, 38, 40, 47 and 53 the Council has chosen to follow the line taken by the Commission and not accept the amendments.

Amendment 21's addition relating to the legitimacy of the institutions was considered unnecessary. Regarding Amendment 27 the Council did not wish to envisage the granting of structural support to the legally vague notion of ‘associations or networks’. Amendment 36 concerned the programme budget which was addressed and agreed by the three institutions in the context of the agreement on the Financial Perspectives. Regarding Amendment 41, the Council did not consider it appropriate to single out events organised by twinning sports clubs, given that other sectors were not specifically mentioned in this part of the text, however a reference to sports organisations has been added in the Annex. Amendment 45 concerns the budget breakdown, where the Council preferred to favour Action 1, leaving the percentage allocated to Action 2 similar to that originally proposed by the Commission.

IV.   CONCLUSION

The Council considers that its common position represents a balanced text which has taken full account of the objectives pursued by the European Parliament in its amendments to the Commission's proposal. The Council looks forward to an agreement with the European Parliament in the near future with a view to the adoption of this Decision.

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