**Important legal notice**

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# 52004PC0212

**Opinion of the Commission pursuant to point (c) of the third subparagraph of Article 251(2) of the EC Treaty concerning the European Parliament's amendments to the Council's common position on the proposal for a European Parliament and Council Decision establishing a Community action programme to promote bodies active at European level in the field of youth (2004-2006) amending the proposal of the Commission pursuant to Article 250(2) of the EC Treaty  /* COM/2004/0212 final - COD 2003/0113 */****

OPINION OF THE COMMISSION pursuant to point (c) of the third subparagraph of Article 251(2) of the EC Treaty concerning the European Parliament's amendments to the Council's common position on the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing a Community action programme to promote bodies active at European level in the field of youth (2004-2006) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 250(2) of the EC Treaty

2003/0113 (COD)

OPINION OF THE COMMISSION pursuant to point (c) of the third subparagraph of Article 251(2) of the EC Treaty concerning the European Parliament's amendments to the Council's common position on the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing a Community action programme to promote bodies active at European level in the field of youth (2004-2006)

1. Introduction

Pursuant to point (c) of the third subparagraph of Article 251(2) of the EC Treaty, the Commission delivers opinions on amendments proposed by the European Parliament on second reading. The Commission sets out below its opinion on the unique amendment in question proposed by Parliament.

2. Background

The Commission submitted its initial proposal (EC and EURATOM) on 3 June 2003.

The European Economic and Social Committee delivered its opinion on 24 September 2003.

The European Parliament delivered its opinion, first reading, on 6 November 2003.

On 25 November 2003 the Council reached political agreement on a common position and formally adopted that position on 22 December 2003.

The Commission endorsed the Council's common position and proposed a unique amendment (transitional clauses), as indicated in its communication of 9 January 2004.

The common position was forwarded to the Parliament on 9 January 2004, which began its second reading.

The competent parliamentary committee (Culture, Youth, Education, the Media and Sport) voted one amendment on 19 February 2004 as proposed by the Commission's and in line with the agreement reached at the informal trialogue of 20 January 2004 between the three institutions.

On 10 March 2004 Parliament adopted the same amendment to the Council's common position.

3. Purpose of the proposal

Based on article 149, the proposal seeks to promote participation by young people in the exercise of active European citizenship through civil society. The programme will support the ongoing work programme activities of bodies active at European level in the field of youth. Their activities must contribute to the development of communities actions in the field of youth. Likewise, the programme will support the ongoing programme activities of the European Youth Forum, in so far as it represents and co-ordinates non-governmental youth organisations and relays information on youth to the European institutions.

4. The Commission's opinion on the European Parliament's amendments

4.1 General assessment

The Commission can accept the amendment to the Council's common position adopted by Parliament as it is in line with the Commission's (modified) proposal.

The Commission notes the convergence of views between the three institutions on the general approach, structure and content of the community action to promote bodies active at European level in the field of youth.

4.2 Analysis of the second reading

The amendment adopted by Parliament has been done at the Commission's request in order to cover the period before the approval of the legal base (Amendment 1 (unique) Annex, 2.3 (new)):

"For grants awarded in 2004, it will be possible for the period of eligibility of expenditure to start on 1 January 2004, provided that the expenditure does not precede the date on which the grant application was lodged or the date on which the beneficiary's budget year starts.

During 2004, in the case of beneficiaries whose budgetary year starts before 1 March, an exception may be granted to the obligation to sign the grant agreement within the first four months of the start of the beneficiary's budget year, as referred to in Article 112, paragraph 2 of Council Regulation (EC, Euratom) No 1605/2002 on the Financial Regulation applicable to the general budget of the European Communities. In this case, the grant agreement should be signed by 30 June 2004 at the latest"

5. Conclusion

Pursuant to Article 250(2) of the EC Treaty the Commission hereby amends its proposal as set out above.