**Avis juridique important**

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# 52004SC0521

**Recommendation for a Council Decision On the European Capital of Culture event for the year 2007  /* SEC/2004/0521 final */****

Recommendation for a COUNCIL DECISION On the European Capital of Culture event for the year 2007

(presented by the Commission)

EXPLANATORY MEMORANDUM

Decision no 1419/1999/EC of the European Parliament and the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 [1], lays down the procedure of designation of the European Capital of Cultural from 2005 and onwards.

[1]  OJ L 166 of 1.7.1999, p. 1, hereafter "the decision".

According to Article 2 of the decision, one city of a Member State is designated as European Capital of Culture, in turn, according to the chronological order set out in Annex I to the decision.

The nomination or nominations are notified to the European Parliament, the Council, the Commission and the Committee of the Regions by the Member State concerned no later than four years before the event in question is due to begin.

The Commission, each year, forms a selection panel which issues a report on the nomination or nominations judged against the objectives and characteristics of this action. The selection panel is composed of leading independent figures who are experts on the cultural sector. The selection panel submits its report to the Commission, the European Parliament and the Council.

The European Parliament may forward an opinion to the Commission on the nomination(s) no later than 3 months after receipt of the report. For 2007, the European Parliament has explicitly stated that it does not intend to forward an opinion [2].

[2]  See « Report on the Proposal for a Decision of the European Parliament and of the Council amending Decision 1419/1999/EC », Rapporteur Michel Rocard, PE 334.052, Explanatory Memorandum, page 10.

The Council, acting on a recommendation from the Commission drawn up in the light of the selection panel's report, officially designates the city in question as a European Capital of Culture for the year for which it has been nominated.

Moreover, according to Article 4, "European non member states countries may participate in this action. Any such country may nominate one city as a European Capital of Culture and should notify its nomination to the European Parliament, the Council, the Commission and the Committee of the Regions"

In accordance with article 2 and Annex I, Luxembourg notified, before the end of 2002, the nomination of the city of Luxembourg (in partnership with the "Grande Région").

The selection panel for 2007 met for a first time on the 14th May 2003 in Brussels, to debate on the proposal made by Luxembourg.

At this stage, the panel could not approve the candidacy as it stood, because the bid lacked in detail on all levels. The panel delivered some advice to complete the proposal in accordance with criteria laid down in article 3 and annex II of the Decision. It had decided to meet again once a modified proposal achieved.

Concurrently, in accordance with Article 4, Romania notified the nomination of Sibiu.

The selection panel met on 5th April 2004 to examine both nominations. This examination included hearings of representatives from Luxemburg and Sibiu. The panel submitted its report to the Commission on the 14th of April 2004; on the request of the panel, the Commission forwarded it to the other Institutions [3].

[3]  It should be noted that Article 4 of the Decision does not require European third countries applications to be examined by the panel. The Commission considers this, however, to be good practice.

On the basis of an overall evaluation, the Panel agreed unanimously to recommend to the Institutions of the European Union that Luxemburg host the European Capital of Culture in 2007, in accordance with article 2 of the Decision.

Concerning the proposal submitted by Sibiu, the Panel highlighted a lot of problems and aspects to be improved in accordance with the criteria laid down in the Decision in its report: structures to be developed, strategy of communication and marketing to be implemented, cooperation to be strengthen at European level, budget to be confirmed.

Nevertheless, and taking note that Luxembourg strongly mentioned that it is ready to assist Sibiu/Hermannstadt in the further development of the programme, the panel agreed that the proposal from Sibiu/ Hermannstadt merits support and, consequently, recommend to support Sibiu/ Hermannstadt as a European Capital of Culture in 2007, provided that considerable improvement are achieved by 2005.

In order to be sure that improvements will be achieved, the selection panel mentioned in its report that it offers follow-up support to the representatives from Sibiu/ Hermannstadt. They would like to offer them the opportunity to meet with them again in February next year to offer advice and see how things are progressing.

In conclusion, the Commission, in accordance with Article 2, paragraph 3 of Decision 1419/1999/EC submits to the Council the appended recommendation for the official designation of Luxembourg as European Capital of Culture 2007. The Commission also submits, in accordance with Article 4 of the same Decision, that Sibiu be designated as a European Capital of Culture in 2007. It nevertheless notes the jury's position that considerable improvements to Sibiu's programme are needed by 2005 and expects that the organisers take up the jury's offer of a follow-up meeting in 2005.

Recommendation for a COUNCIL DECISION On the European Capital of Culture event for the year 2007

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Community,

Having regard to decision no 1419/1999/EC of the European Parliament and the Council of 25 May 1999 establishing a Community action for the European Capital of Culture event for the years 2005 to 2019 [4], and in particular its articles 2.3 and 4,

[4]  OJ L 166 of 1.7.1999, p. 1.

Having regard to the Selection Panel report of April 2004 submitted to the Commission, the European Parliament, the Council in accordance with Article 2 paragraph 2 of Decision 1419/1999/EC,

Having regard to the recommendation from the Commission of the ----------------- 2004,

HAS DECIDED AS FOLLOWS:

Article 1

Luxembourg is designated as "European Capital of Culture 2007" in accordance with Article 2 paragraph 1 of Decision 1419/1999/EC.

Article 2

Sibiu is designated as a "European Capital of Culture 2007" in accordance with Article 4 Decision 1419/1999/EC.

Article 3

Both cities designated shall take the necessary measures in order to ensure the effective implementation of Articles 1 and 5 of Decision 1419/1999/EC.

Done at Brussels,

For the Council

The President