COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the Common Position of the Council concerning the proposal for a Decision of the European Parliament and of the Council on the implementation of a training programme for professionals in the European audiovisual programme industry (MEDIA Training - 2001-2005)

1. Background

- Adoption of the proposal by the Commission: 14 December 1999 [1]

[1] COM (1999) 658 final - 99/0275 (COD) of 14 December 1999.

- Forwarding of the proposal to Parliament and the Council: 28 January 2000

- Opinion of the Economic and Social Committee: 27 April 2000 [2]

[2] CES/2000/470 of 27 April 2000.

- Opinion of the European Parliament at first reading: 6 July 2000 [3]

[3] A5/2000/186.

- Opinion of the Committee of the Regions: 14 June 2000 [4]

[4] CDR/2000/19 of 14 June 2000.

- Forwarding of the amended proposal: 22 September 2000 [5]

[5] COM (2000) 579 final of 21 September 2000.

- Date of adoption of the common position: 23 November 2000 [6]

[6] ......

2. Purpose of the Commission proposal

On 14 December 1999, the Commission adopted a proposal for a Decision concerning the renewal of the MEDIA Training programme (2001-2005).

The aim of this communication is to inform the European Parliament of action taken with regard to the draft Decision of the European Parliament and of the Council relating to the MEDIA Training programme following the first reading in Parliament on 6 July 2000.

3. Commission Comments on the common position

3.1. General

The Commission is gratified that the Council's common position respects by and large the substance and the spirit of the Commission's proposal. It notes that the Council shares the proposal's central objective of strengthening the competitiveness of the audiovisual industry by improving the quality of continuing training offered to professionals in the European audiovisual programme industry.

3.2 Consideration of the amendments put forward by Parliament at first reading

The Council's common position is based on the amended proposal adopted by the Commission following the opinion expressed by Parliament at first reading. The Commission is gratified that the common position largely takes into account the amendments put forward by Parliament and adopted by the Commission, particularly concerning:

- the establishment of a joint committee (management and advisory) for implementing the programme;

- consolidation of the mechanism for monitoring and evaluating the programme;

- the inclusion of measures to ensure transparency in implementing the programme;

- specific reference to training measures relating to intellectual property rights;

- the inclusion of information on the networking of training centres and the exchange of good practices between them;

- taking greater account of the impact of new technologies, in particular by extending their application to the broadcasting of audiovisual programmes;

- specific reference to training in relation to the development of new types of audiovisual programmes.

3.3 Points of convergence between the common position and the Commission proposal

The Commission duly notes certain amendments made by the Council which are intended to provide additional information or clarification, particularly with regard to:

- the provisions relating to complementarity and coordination between the programme and other Community policies;

- the general aim of increasing cooperation between the various actors in the industry;

- the possibility of providing multiannual funding for certain training measures;

- the possibility of including measures for monitoring the training measures supported;

- including training in post-production within the scope of the programme;

- updating the references to the reasons for the programme (recitals referring to the Helsinki Forum and the Porto seminar);

- including in the arrangements the possibility of co-financing language facilities in order to enable wider access by professionals to the training measures supported.

3.4 Points of divergence between the common position and the Commission proposal

A number of significant divergences still remain between the Commission's amended proposal and the common position. The Commission has strongly defended its proposal on these points, which will be the subject of a statement by the Commission to be inserted in the minutes of the Council meeting.

- With regard to the choice of Technical Assistance Offices (TAOs) to assist the Commission in implementing the programme, the Council adopted a provision aimed at involving the Committee in the final choice of TAO(s), in accordance with the advisory procedure, and a provision aimed at adding a selection criterion to the procedure for choosing them (experience acquired in the MEDIA II programme or other relevant experience). The Commission cannot accept these provisions, which do not comply with the responsibility for execution of the Community budget conferred on the Commission by Article 274 of the Treaty, nor with the role of awarding authority recognised by the Financial Regulation. The Commission will make a statement in this regard for insertion in the minutes of the Council, pointing out in addition that, when selecting these consultants and technical assistance offices, the Commission will scrupulously ensure compliance with the relevant provisions of Directive 92/50/EEC relating to public service contracts and of the Financial Regulation.

- With regard to the minimum proportion of non-national participants in training measures receiving Community support, the Council introduced an alteration to the principle of a majority of non-national participants by inserting the words "in principle" (in Article 4(2)) and by referring to possible derogations from the implementing procedures (cf. paragraph 3 of Annex 2.1). The Commission considers it essential, in the light of the Community added value and of the programme's principle of increased transnational cooperation, to make the participation of a majority of non-national participants a strict requirement.

4. Conclusion

On the basis of this common position, the legislative procedure may now proceed with the second reading in the European Parliament. Subject to the points set out in paragraph 3.4, the Commission considers that there is a solid basis for a final decision to be taken in time for the MEDIA Training programme to become operational on 1 January 2001.

5. Statements by the Commission for the minutes

In the light of the amendments introduced by the Council to Article 5(2) and Annex 2.3.1. concerning the procedures for choosing the Technical Assistance Office(s), the Commission has asked that the following statement be inserted when the common position is adopted:

"The Commission affirms that the intervention of a Committee under the terms of Council Decision 1999/468/EC in the choice of consultants and technical assistance offices referred to in 2.3.1. of the Annex does not comply with the responsibility for execution of the Community budget conferred on the Commission by Article 274 of the Treaty, nor with the role of awarding authority recognised by the Financial Regulation.

In addition, when selecting these consultants and technical assistance offices, the Commission will scrupulously ensure compliance with the relevant provisions of Directive 92/50/EEC relating to public service contracts and of the Financial Regulation."