COUNCIL DECISION of 25 February 1993 establishing a third Community action programme to assist disabled people (Helios II 1993 to 1996)
(93/136/EEC)THE COUNCIL OF THE EUROPEAN COMMUNITIES,
Having regard to the Treaty establishing the European Economic Community, and in particular Articles 128 and 235 thereof,
Having regard to Council Decision 63/266/EEC of 2 April 1963 laying down general principles for implementing a common vocational training policy (1), and in particular the 10th principle thereof,
Having regard to the proposal from the Commission (2),
Having regard to the opinion of the European Parliament (3),
Having regard to the opinion of the Economic and Social Committee (4),
Whereas, in connection with the Community's social dimension, it is appropriate to adopt suitable measures to assist disabled people;
Whereas the conclusions of the Council and of the Ministers of Education meeting within the Council of 14 May 1987 concerning a programme of European collaboration on the integration of handicapped children into ordinary schools (5) and the resolution of the Council and of the Ministers of Education meeting within the Council of 31 May 1990 concerning integration of children and young people with disabilities into ordinary systems of education (6) affirm the need to remove material barriers, to use flexible education methods to meet individual needs and to facilitate transition to education, to working life and to adult life, to establish as active a policy of cooperation as possible with specialized institutions, to make use of the various possibilities offered by new technologies with regard to education and to foster links between the family, the community, social and health services and the world of work;
Whereas exchanges of information and experience on questions common to Member States' education systems should be developed by means of cooperation between those activities so designated by Member States, while fully respecting Member States' responsibility for the content of of teaching and the organization of their educational systems, as well as their cultural and linguistic diversity, and excluding any harmonization of the laws and regulations of the Member States;
Whereas this programme is designed to complement action taken at national, regional and local levels, in particular by ensuring an exchange of experience and information relating to such action;
Whereas the main responsibility for integration in the educational field, occupational and economic integration, social integration and an independent way of life for disabled people lies with the Member States but cooperative action at Community level may help Member States to improve the effectiveness of the measures which they take in this area;
Whereas the Community Charter of the fundamental social rights of workers, adopted at the European Council in Strasbourg on 9 December 1989 by the Heads of State or Government of 11 Member States, proclaims inter alia, in point 26:
'26. All disabled persons, whatever the origin and nature of their disability, must be entitled to additional concrete measures aimed at improving their social and professional integration.
These measures must concern, in particular, according to the capacities of the beneficiaries, vocational training, ergonomics, accessibility, mobility, means of transport and housing.';
Whereas there is a need for a programme to cover a period of four years;
Whereas a sum of ECU 37 million is estimated to be necessary in order to implement this multiannual programme;
Whereas the amount deemed necessary is intended to fund the programme for the period 1993 to 1996, within the financial perspective of the European Communities in force;
Whereas, because this Decision is concerned, on the one hand, with principles for implementing a vocational training policy and on promoting employment and, on the other, with measures, including those to promote functional rehabilitation, educational integration, social integration and an independent way of life for disabled people, which need to be adopted in order to attain one of the objectives of the Community, and the Treaty has not provided the necessary specific powers, it is necessary to rely upon both Article 128 and Article 235 of the Treaty,
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of Helios II A Community action programme to promote equal opportunities for and the integration of disabled people, hereinafter referred to as 'Helios II', is hereby established for the period 1 January 1993 to 31 December 1996.
Article 2
Definition of disabled people For the purposes of Helios II, disabled people means people with serious impairments, disabilities or handicaps resulting from physical, including sensory, or mental or psychological impairments which restrict or make impossible the performance of an activity or function considered normal for a human being.
Article 3
Objectives The objectives of Helios II shall be as follows in respect of functional rehabilitation, educational integration, vocational training, employment rehabilitation, economic and social integration and an independent way of life for disabled people:
(a) to continue to develop and improve exchange and information activities with the Member States and non-governmental organizations, hereinafter referred to as NGOs, which can make a useful contribution as referred to in (c), and to ensure that they are given as wide a distribution as possible;
(b) to promote effective approaches and measures in order to achieve increased effectiveness and better coordination of actions carried out under (c);
(c) to promote the development of a policy at Community level of cooperation with the Member States and the organizations and associations concerned with integration based on the best innovative and effective exprience and practice in the Member States involving, where appropriate, voluntary organizations in accordance with national laws and/or practice;
(d) to continue cooperation with European NGOs and NGOs which are regarded as representative in the respective Member States, through national disability councils where they exist, and which have expressed a desire to cooperate at Community level.
Article 4
Measures 1. The general measures designed to promote the objectives referred to in Article 3 shall be as follows:
(a) coordinating, undertaking and encouraging activities based on specific annual themes, which the intention of promoting innovation, facilitating exchanges of experience and encouraging the dissemination of successful experiences and the transfer of effective practices.
These activities shall closely involve disabled people, their families, representative organizations, experts, researchers, professionals working in the field, voluntary helpers and the two sides of industry;
(b) meeting the information needs of disabled people by pursuing, within the context of the computerized information and documentation system Handynet, on the basis of national data, the collection, adaptation at European level, updating, exchange and dissemination of information gathered in the Member Sates by the national collection and information centres.
The Council shall re-examine the Handynet system, before 31 December 1994, on the basis of a Commission report evaluating, inter alia, the first Handynet module on technical aids and, acting on a proposal from the Commission and after consulting the European Parliament, shall decide on the conditions for continuing the Handynet system after that date;
(c) encouraging disabled people to take part in Community programmes, in particular in the areas of training and preparation for working life, new technologies, vocational training and employment, equality between men and women, the learning of languages, and mobility of, and exchanges by, young people within the Community;
(d) developing exchanges of information and experience on issues common to Member States' education systems by means of cooperation between those activities so designated by Member States;
(e) ensuring close coordination with activities undertaken by organizations at international level, and cooperation with other activites at international level in the areas referred to in Article 3.
2. The measures designed to attain the objectives set out in Article 3 are listed in the Annex.
Article 5
Funding 1. Helios II shall run for four years.
2. The amount of Community funds estimated to be necessary for its implementation is ECU 37 million for the period 1993 to 1996, within the framework of the financial forecast of the European Communities in force.
3. The budget authority shall determine the appropriations available for each financial year, having regard to the principles of good management referred to in Article 2 of the Financial Regulation applicable to the general budget of the European Communities.
Article 6
Implementation by the Commission The Commission shall ensure the implementation of Helios II in accordance with Article 8 and in close cooperation with the Member States and the institutions and organizations catering for the integration of disabled people.
Article 7
Consistency and complementarity The Commission shall ensure that there is consistency and complementarity between the Community measures to be implemented under Helios II and the other relevant Community programmes and initiatives.
Article 8
Advisory Committee 1. The Commission shall be assisted by an Advisory Committee, hereinafter referred to as the 'Committee', composed of two government representatives from each Member State and chaired by a representative of the Commission.
2. The representative of the Commission shall submet to the committee a draft of the measures to be taken. The committee shall deliver its opinion on the draft, within a time limit which the chairman may lay down according to the urgency of the matter, if necessary by taking a vote.
The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its position recorded in the minutes.
The Commission shall take the utmost account of the opinion delivered by the committee. It shall inform the committee of the manner in which its opinion has been taken into account.
3. The committee shall adopt its rules of procedure.
Article 9
European disability forum 1. Before consulting the committee, the Commission shall ascertain the views of a European disability forum, hereinafter referred to as the 'forum', on all appropriate aspects of Helios II.
The forum shall be made up of:
(a) representatives appointed by the Commission on the basis of proposals submitted by organizations referred to in Article 3 (d) and after the Commission has requested the opinion of each Member State, from a maximum of 24 NGOs of disabled people or their families, or acting on behalf of disabled people.
At least one NGO representative of each Member State shall be represented on the Forum.
NGO's may be represented through national disability councils, where they exist;
(b) a representative of employers' organizations and a representative of trade union organizations, each being appointed by the Commission on the basis of proposals from the organizations representing these interests at Community level.
The Commission shall endeavour to ensure that the members of the forum give a balanced reflection of:
(a) the various types of disability;
(b) the various types of activities undertaken by disabled people or on their behalf;
(c) the various national interests; and
(d) associations comprising NGOs from all or a number of Member States.
2. The forum shall appoint its Chairman, who may be a Commission representative.
3. The forum shall adopt its rules of procedure.
Article 10
Liaison Group 1. Before consulting the committee, the Commission shall convene a liaison group chaired by the Commission representative referred to in Article 8 (1) and consisting of:
(a) one of the government representatives for each Member State referred to in Article 8 (1);
(b) 12 forum members appointed by the latter.
2. If a Member State or one of the members appointed by the forum considers that the questions which it is to examine are of special importance to it, it may request that a second representative attend the meeting.
3. The Liaisons Group shall adopt its rules of procedure.
Article 11
Reports 1. Before 1 July 1994 the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a brief report on the implementation of Article 4 (1) (b).
2. By 31 December 1995 at the latest, the Commission shall submit an interim evaluation report to the European Parliament, the Council and the Economic and Social Committee on the implementation of Helios II together, where appropriate, with a proposal for a Decision revising Helios II.
3. Before 1 July 1997 the Commission shall submit a full report to the European Parliament, the Council and the Economic and Social Committee on the implementation and results of Helios II.
4. In the reports referred to in paragraphs 2 and 3, the Commission shall mention inter alia the outcome of the independent and objective evaluation referred to in section 1.2 of the Annex.
Done at Brussels, 25 February 1993.