Amended proposal for a COUNCIL DECISION adopting a multiannual Community programme to support the implementation of trans-European networks for the interchange of data between administrations (IDA)
Date: 1995-09-27
Institutions: European Commission
Subjects: EU Member State, EU aid, European Union, administrative cooperation, interinstitutional cooperation (EU), telematics

COMMISSION  OF THE EUROPEAN  COMMUNITIES 

Brussels,  27.09.1995 
COM(95) 436 final-SYN 527 

Amended  proposal  for  a 

COUNCIL  DECISION 

adopting a multiannual Community programme to support 
the implementation of trans-European networks 
for the interchange of data between administrations (IDA). 

(presented  by  the  Commission  pursuant  to  Article  189  a (2) 
of  the  EC-Treaty) 

EXPLANATORY  MEMORANDUM 

In response to the opinion adopted by the European Parliament on  17 November  19941 on 
the  proposal  for  a  Council  Decision  adopting  a  multiannual  Community  programme  to 
support  the  implementation  of  trans-European  networks  for  the  interchange  of  data 
between  administrations,2  and  in  accordance  with  Article  189a(2)  of  the  EU Treaty,  the 
Commission has decided to amend the abovementioned proposal. 

1.  BACKGROUND 

1.1 

On  12 March  1993  the  Commission  submitted  to  Parliament  and  the  Council  a 
communication  on  trans-European  data  communications  networks  between 
administrations  (COM(93)69 final) which  contained  two  proposals  for  Council 
Decisions based on Article 235 of the EC Treaty: 

one  on  a  series  of  guidelines  for  trans-European  data  communications 
networks between administrations;  and 

- 

the  other  adopting  a  multiannual  Community  programme  to  support  the 
implementation  of  trans-European  networks  for  the  interchange  of  data 
between administrations (IDA). 

1.2  On 30 June  1993 the Economic and Social Committee endorsed them. 

1.3 

the  entry 

into  force  of  the  Treaty  on  European  Union  on 
Following 
1 November  1993 the proposal  for  a Decision adopting a multiannual  Community 
programme  to  support  the  implementation  of  trans-European  networks  for  the 
interchange  of  data  between  administrations  (IDA)  is  now  based  on  the  third 
the  cooperation  procedure 
is  subject 
paragraph  of  Article 129d  and 
(Article 189c of the EU Treaty).3 

to 

1.4  On 17 May  1994 the Committee of the Regions endorsed the proposals.4 

1.5 

On  17 November  1994 the European  Parliament  adopted  a Resolution  endorsing 
the proposal  on first  reading and  containing two  amendments to  the  Commission 
proposal. 

OJC 341, 5.12.1994, p. 123. 
OJC  105, 16.4.1993, p. 12. 
Doc. COM(93)570,  10.11.1993. 
OJC 217, 6.8.1994, p. 32. 

2. 

OBJECTIVES OF THE  DECISION 

The objectives of the multiannual Community IDA programme are: 

interest  on  data 

interchange  between 
to  support  projects  of  common 
in  a  series  of  guidelines  on 
administrations  in  the  Community,  identified 
trans-European  data  communications  networks  between 
administrations 
(European Parliament and Council Decision ...);  this interchange will relate to the 
information,  data and documents needed for the functioning  of the Community, in 
particular the completion and functioning  of the internal market; 

to ensure the interoperability of data communications networks and applications 

MP 

COMMISSION  OPINION  ON THE EP AMENDMENTS 

After  examination  of the two  amendments  proposed  by the European  Parliament  on  first 
reading, the Commission has adopted the following opinion: 

1)  Amendment  No  1  proposed  by  the  European  Parliament  seeks  to  create  an 
obligation,  under  a  provision  laid  down  in  the  Decision,  whereby  the  Commission 
would  be required  to  present  to  the European  Parliament,  for  information  purposes, 
the measures which it intends to submit to the Committee stipulated  in the Decision. 
In its present wording this amendment may prove difficult  to adopt as it stands since, 
on  the  one  hand,  it  introduces  changes  to  the  Decision  on  committee  procedures 
(Council  Decision  373  of  13 July  1987)  and,  on  the  other,  it  imposes  a  legal 
obligation  on  the  Commission  that  does  not  exist  either  in  the  Treaty  or  in  the 
Decision itself. 

Nevertheless,  the  Commission  is  prepared  to  make  a  reference,  in  a  recital  to  the 
proposal  for  a  Decision,  to  the  interinstitutional  arrangement  between  President 
Delors and Lord Plumb (ref  SG(88)D/03026  of  14 March  1988) in order  to make it 
quite  clear  that  the  arrangement  in  question  is  applicable  in  the  case  in  point. 
Consequently,  the  Commission  intends  to  present  to  the  European  Parliament  all 
measures that it may submit to the Committee. 

2)  The  Commission  can  accept  amendment  No 2 which  aims at  including  the  national 
Parliaments in the awareness,  information  and training  measures provided  for  in the 
multiannual  IDA  programme.  This  is  in  line  with  the  greater  involvement  of  the 
European  Parliament  and  of the national  parliaments  in the development  of the data 
communications  networks  between  administrations,  which  was  emphasized  in  the 
amended  proposal  for  a  European  Parliament  and  Council  Decision  on  a  series  of 
between 
for 
guidelines 
administrations (Recital 4a). 

communications 

trans-European 

networks 

data 

CONCLUSIONS 

In  conclusion,  the  Commission  considers  that  amendment  No  1,  thus  reformulated,  is 
acceptable and that Parliament's amendment No 2 to the proposal for a Council Decision, 
inasmuch as it adds strength to the text,  is perfectly  compatible with the objectives  of this 
proposal for a Decision. 

These amendments have been included in the altered proposal. 

Amended proposal for a Council Decision adopting a multiannual Community programme 
to  support  the  implementation  of  trans-European  networks  for  the  interchange  of  data 
between administrations (IDA) 

Original text' 

Amended text 

Recital 8a (new) 

Whereas this Decision provides for the 
conferment  of executive powers on the 
Commission to be exercised through an 
Advisory Committee; whereas, in 
consequence, the commitments agreed 
between President Delors and Lord Plumb 
concerning the provision of information  to 
the European Parliament regarding the 
measures submitted by the Commission to 
the Committee shall be applicable in the 
case in point, 

Annex I, point 3, 

last indent 

- providing user information and, in 
particular, informing and training the 
national administrations and the 
Community institutions directly and 
indirectly concerned with trans-European 
data communications networks, and 
facilitating coordination and monitoring 
between administrations at national and 
European level. 

- providing user information and, in 
particular, informing and training the 
national administrations and Parliaments 
and the Community institutions directly 
and indirectly concerned with trans-
European data communications networks, 
and facilitating coordination and 
monitoring between administrations and 
Parliaments at national and European 
level. 

1  OJC 105, 16.4.1993, p. 12. 

"I  •  '  'I 

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