OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing a support programme in the field of books and reading (Ariane)
Date: 1996-12-09
Institutions: European Commission
Subjects: EU programme, cultural cooperation, cultural policy, literature, translation

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels,  09.12.1996 
COM(96) 637  final 

94/0189 (COD) 

OPINION  OF THE  COMMISSION 
pursuant to Article  189 b (2)  (d)  of the EC Treaty, 
on the European Parliament's  amendments 
to the Council's  common  position regarding the 

proposal  for a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION 

establishing  a support programme 
in the  field  of  books  and reading  (Ariane) 

AMENDING  THE PROPOSAL  OF THE  COMMISSION 
pursuant to Article  189 a (2)  of the EC Treaty 

1.  BACKGROUND 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

On  25  October  1994  the  Commission  sent  to  Parliament  and  the  Council  its 
proposal  for  a  decision  (COM(94)356 final  COD  94/0189). 

On  6 April  1995  Parliament  adopted  on  first  reading  a  resolution  containing 
35  amendments  to  the  Commission's  proposal. 

On 20  April  1995  the Committee  of the  Regions delivered  a favourable  opinion. 

On 28  July  1995 the Commission adopted, under Article  149(3) of the Treaty, an 
amended  proposal  taking  over  in  full  or  in  part  32  of  these  amendments 
(COM(95)  373). 

On  27  June  1996  the  Council  adopted  a common  position. 

On  22  July  1996  the  Commission  accepted  this  common  position  and  sent  its 
opinion to  Parliament  (SEC(95)  1648). 

On  22  October  1996  Parliament  adopted,  on  second  reading,  a  resolution 
containing  eleven  amendments  to the  common  position. 

2. 

AIMS  OF  THE  PROPOSAL 

It  is a programme  of  support  for  books and reading  designed  to promote  knowledge  and 
dissemination  of  the  written  heritage  and  contemporary  writing  in  Europe  and  increase 
public access to it, in particular  by providing aid for the translation of works of literature, 
drama  and  reference,  supporting  projects  for  cooperation  on  books  and  reading  carried 
out under partnership arrangements and providing further  training for professionals  in this 
field. 
Priority  is  given  under  the  programme  to the  less widely-used  languages. 

4-3 

COMMISSION  OPINION  ON 
PARLIAMENT'S  AMENDMENTS 

After  examining  the  amendments  proposed  by  Parliament  on  second  reading,  the 
Commission can agree to  some of them  which are of  a technical  nature or  fit  in with  its 
original  proposal. 

1. 

Amendments  accepted  by  the  Commission 

The Commission is prepared to accept amendments  4, 5, 6, 7 and 8 and has  incorporated 
them  in  its  amended  proposal  so that  they  can  be  reexamined  by  the  Council. 

* 

* 

* 

Amendment  4 would  insert  a reference,  in the evaluation  report,  to the impact  of 
the  programme  on  the  dissemination  of  literature  in  the  less  widely^used 
languages. 

Comments'.  As this  is not  a  fundamental  issue, there  is no  reason  why  it  should 
not  be  accepted,  even  though  the  cuts  made  in  the  lifespan  and  budget  of  the 
programme  may  mean  that  this  exercise  is particularly  limited  in  scope. 

Amendment  5  would  make  works  written  in  the  less  widely-used  languages 
eligible  even  without  previous  translation  into  another  Community  language. 

Comments:  The Commission takes the view that this amendment,  which takes up 
its  original  proposal,  is bound  to  increase the  participation  and  presence  of  such 
works  in the  programme. 

* 

Amendment  6 would  give  priority  to  small  independent  publishing  houses. 

Comments:  The  Commission can accept this  amendment,  as experience  with  the 
pilot  project  for  aid  to  translation  has  demonstrated  that  for  the  most  part  the 
publishing  houses  receiving  Community  support  can  be  considered  small 
businesses. 

Amendment  7  deletes  the  reference  to  the  dual  (advisory  and  management 
committee)  procedure  for  the  breakdown  of  resources. 

Comments:  In  view  of  the  limited  budget  for  the  programme,  the  Commission 
can  see  no  point  in  making  a  breakdown  between  the  six  actions. 

Amendment  8 would make projects concerned with creating databases eligible  for 
this  programme. 

Comments:  The Commission feels that this amendment concerns a type of  project 
which  is consistent  with  the  objectives  of  the  programme. 

* 

* 

2. 

* 

Amendment  accepted  in  part  by  the  Commission 

Amendment  2 replaces the dual (advisory and management  committee)  procedure 
by  an  advisory  committee.  It  is only  partly  acceptable  in  view  of  the  line  taken 
by  the Commission  following  the adoption  of the  Council's  common  position  on 
the proposed  decision  94/0189  (SEC(96)  1320,  12.7.1996,  point  3.4). 

Comments:  As  it  stated  in  the  above  communication,  the  Commission  is  not 
against  the  use of  a hybrid  committee  procedure,  but  only  against  the  use  of  the 
management  committee for the adoption of certain specific  acts, namely  decisions 
granting  financial  assistance to  projects  involving  over  ECU  10 000  and  the  use 
of any Committee procedure  for the adoption of evaluation  reports (which are not 
draft  measures  within  the  meaning  of  the  Council  Decision  of  13  July  1987 
(87/373/EEC)  laying  down  the  procedures  for  the  exercise  of  implementing 
powers  conferred  on  the  Commission1).  Moreover,  Parliament's  amendment 
deleting  the  indication  of  the  draft  measures  to  which  a  committee  procedure 
would  apply  cannot  be  accepted  as this  would  not  make  for  legal  certainty. 

3. 

AMENDMENTS  REJECTED BY  THE  COMMISSION 

The  Commission rejects  amendments  1 and  3. 

* 

Amendment  1 requests  a  change  to the title to  refer  explicitly  to  translation. 

Comments:  The  Commission feels that given the distribution  of the  programme's 
resources (50% for  translation and 50% for the promotion  of books  and reading), 
it  is not  true  to  say  that  support  is primarily  through  translation. 

Amendment  3 requests  a  significant  increase  in the budget  (from  ECU  7  million 
to  ECU  10.5  million). 

Parliament  takes  the  view  that  if  the  Council  endorses  the 
Comments: 
Commission's  proposals  for  1997  and  1998, the  budget  for  the  programme  does 
not match up to  its ambitions.  However, the Commission is bound  by the  budget 
programming approved (ECU  23.5  million for five years), which is respected over 
the  lifespan  of  the  programme  1997-98. 

OJL  197,  18.7.1987,  p. 33. 

CONCLUSION 

By  way  of  conclusion,  the  Commission  feels  that  proposed  amendments  4,  5,  6,  7,  and 
8  can  be  accepted  as  they  stand  and  amendment  2  in  part.  The  amended  proposal 
incorporates  the  changes  requested.  Amendments  1 and  3 are  rejected. 

Amended  proposal 
for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION 

establishing  the  support  programme  in the  field  of  books  and  reading  (Ariane). 

(Presented  by  the  Commission  pursuant  to  Article  189b(2)of the  EC  Treaty) 

EXPLANATORY  MEMORANDUM 

As a result of the entry into force  of the Treaty on European Union on  1 November  1993, 
this  proposed  decision  is  subject  to  the  codecision  procedure  (Article  189b  of  the  EC 
Treaty). 

Article  189b(2)(d)  requires  the  Commission  to  deliver  an  opinion  on  the  amendments 
proposed  by  Parliament  on  second  reading.  The  Commission  has  accepted  six  of 
Parliament's  amendments  for  the  reasons  set out  in point  1 of  the  attached  opinions-
Pursuant  to  Article  189b2)  of  the  EC  Treaty  the  Commission  is  now  presenting  an 
amended proposal incorporating the six amendments by Parliament which it has accepted. 

Amended  proposal 
for  a 
EUROPEAN  PARLIAMENT  AND  COUNCIL  DECISION 

establishing  the  support  programme  in  the  field  of  books  and  reading  (Ariane). 

(Presented  by  the  Commission  pursuant  to  Article  189b(2)of the  EC  Treaty) 

$C 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  2) 

Article  5 

1.  The  Commission  shall  implement  this 
this 

in  accordance  with 

programme 
decision. 

of 

2.  The  Commission  shall  be  assisted  by  a 
Committee 
two 
composed 
representatives  per  Member  State  and 
C o m m i s s i on 
c h a i r ed 
t he 
by 
representative. 
the 
Committee  may be assisted  by  experts or 
advisers. 

Members 

of 

1.  The  Commission  shall  implement  this 
programme  in  accordance  with  this 

decision. 

2.The  Commission  shall  be  assisted  bv  the 
Committee  set  up  under  Article  5(1)  of 
decision  No  719/96/EC  of  the-European 
Parliament  and  of  the  Council  establishing 
the  Kaleidoscope  Programme. 

3.  The  representative  of  the  Commission 
shall  submit  to  the  Committee  draft 
measures  concerning: 

3.The following  measures shall be adopted in 
accordance  with  the  procedure  set  out  in 
paragraph  4: 

-  the  annual  work  plan; 

-  the  annual  work  plan; 

- the general balance between the various 
Actions; 

-  the  general  balance  between  the  various 
Actions; 

-  the  detailed  arrangement  and  selection 
criteria  for  the  various  types  of  project 
described  in  the  Annex  (Actions  1, 2, 3, 
4  and  6); 

-  the  detailed  arrangement  and  selection 
criteria  for  the  various  types  of  project 
described  in  the  Annex  (Actions  1,  2,  3,  4 
and  6); 

-  projects 
thousand  ecus  in  assistance: 

involving  more 

than 

ten 

the  procedures  for  monitoring  and 
evaluating  the  programme,  together  with 
the  conclusions  of  the  reports  provided 
for  in  Article  8  and  any  programme 
resulting 
readjustment 
therefrom. 

measures 

the  procedures 
evaluating  the  programme; 

for  monitoring  and 

The  Committee  shall  deliver  its  opinion  on. 
the  draft  measures  referred  to  in  the  first 
subparagraph  within  a  time  limit  which  the 

4.  The  representative  of  the  Commission 
shall submit to the Committee the draft  of the 
measures  to  be  taken.  The  Committee  shall 

Chairman  may  lay  down  according  to  the 
urgency  of the  matter.  The opinion  shall be 
delivered  by  the  majority 
laid  down  in 
Article  148(2)  of  the  Treaty  in  the  case  of 
decisions  which  the  Council  is  required  to 
adopt  on  a  proposal  from  the  Commission. 
The  votes  of  the  representatives  of  the 
Member  States  shall  be  weighted  in  the 
manner set out in that Article.  The chairman 
shall  note  vote. 

deliver  its opinion  on the  draft  within  a time 
limit  which  the  Chairman  may  lay  down 
according  to  the  urgency  of  the  matter.The 
opinion  shall  be  delivered  by  the  majority 
laid  down  in  Article  148(2) of  the  Treaty  in 
the  case  of  decisions  which  the  Council  is 
required  to  adopt  on  a  proposal  from  the 
the 
The 
Commission. 
representatives of the Member  States shall be 
weighted  in  the  manner  set  out  in  that 
Article.  The  chairman  shall  note  vote. 

votes 

of 

The Commission shall adopt measures which 
shall  apply  immediately.  However,  if  these 
measures  are  not  in  accordance  with  the 
opinion  of  the  Committee,  they  shall  be 
communicated  by  the  Commission  to  the 
Council  forthwith. 

The Commission  shall adopt measures which 
shall  apply  immediately.  However,  if  these 
measures  are  not  in  accordance  with  the 
opinion  of  the  Committee,  they" shall  be 
communicated  by  the  Commission  to  the 
Council  forthwith. 

In  that  event: 

In  that  event: 

(a)  the Commission may defer  application of 
the  measures  which  it  has  decided  for  a 
period  of  two  months  from  the  date  of  such 
communication; 

(a)  the Commission may defer  application of 
the  measures  which  it  has  decided  for  a 
period  of  one  month  from  the  date  of  such 
communication; 

(b) 
the  Council,  acting  by  a  qualified 
majority, may take a different  decision within 
the  time  limit  referred  to  in (a). 

(b) 
the  Council,  acting  by  a  qualified 
majority, may take a different  decision within 
the  time  limit  referred  to  in (a). 

fL  The  Commission 

may  consult 

the 
other  matter 
any 
v^imimu^ 
Committee 
concerning  the  implementation  of  this 
programme  not  covered  bv paragraph  3. 

on 

5.  Decisions  granting  Community  financial 
assistance to projects for which the assistance 
exceeds  ECU  10.000  shall  be  adopted  in 
accordance  with  the  procedure  set  out  in 
paragraph  6: 

The  representative  of  the  Commission  shall, 
submit  to  the  Committee  a  draft  of  the 
measures  to  be  taken. 

6.  The  representative  of  the  Commission 
shall  submit  to  the  Committee  a draft  of  the 
measures  to  be  taken. 

The  Committee  shall  deliver  its  opinion  on 
this  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  Committee  shall  deliver  its  opinion  on 
this  draft  within  a  time  limit  which  the 
Chairman  may  lay  down  according  to  the 
urgency  of the matter,  if necessary by  taking 
a  vote. 

10 

The opinion shall be recorded in the minutes; 
each Member State shall have the right to ask 
to have  its position  recorded  in the minutes. 

The opinion shall be recorded in the minutes; 
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. 

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. 

7.  At  the  request  of  the  Commission,  the 
Committee  may examine  any matter relating 
to the application  of this decision. 

11 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  4) 

Article  8,  first  paragraph 

One  year  after  this  programme  has  been  in 
operation,  and  within 
the  six  months 
following  that period,  the  Commission,  after 
having consulted the Committee, shall present 
to  the  European  Parliament  and  the  Council 
a  detailed  assessment  report  on  the  results 
achieved,  accompanied,  where necessary, by 
appropriate proposals, including proposals for 
the  continuation  of  the  programme  and  the 
relevant  arrangements  so  as  to  enable  to 
European  Parliament and the Council to take 
a  decision  before  the  end  of  the  period 
covered  by the programme.  This report  will 
highlight the added value created, particularly 
of  a  cultural  nature  and  the  socio-economic 
consequences  brought  about  by the  financial 
support  granted  by  the  Community.  The 
report is intended to assess, both qualitatively 
and  quantitatively,  the  extent  to  which  the 
programme  has  achieved 
the  objectives 
referred  to  in  Article  2. 

One  year  after  this  programme  has  been  in 
operation,  and  within 
the  six  months 
following  that  period,  the Commission,  after 
having consulted the Committee, shall present 
to  the  European  Parliament  and  the  Council 
a  detailed  assessment  report  on  the  results 
achieved,  accompanied,  where  necessary,  by 
appropriate proposals, including proposals for 
the  continuation  of  the  programme  and  the 
relevant  arrangements  so  as  to  enable  to 
European  Parliament  and the Council to take 
a  decision  before  the  end  of  the  period 
covered  by  the programme.  This report  will 
highlight the added value created, particularly 
of a cultural nature including reference  to the 
impact  on  the  dissemination  of  literature  in 
the less-widely used languages and the socio 
economic consequences brought about by the 
financial  support  granted  by the  Community. 
The  report 
to  assess,  both 
intended 
qualitatively  and  quantitatively,  the extent  to 
the 
which  the  programme  has  achieved 
objectives  referred  to  in  Article  2. 

is 

12 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  5) 

Action  1, paragraph  lb  (ii) 

Works written  in one of the  less widely  used 
languages  of 
the  European  Union  may 
nevertheless be eligible for a translation grant 
when  they  have  already  been  translated  and 
published  in  a  European  Union  language 
(other  than  the  original  language),  or  when, 
although  they  have  not  vet  been  translated 
and published in a European Union language, 
they 
for 
translation  into  at  least  two  European  Union 
languages.  Grants  are  intended  to  support 
translation  into  another  European  language. 
These  provisions  also  apply  to  works: 

simultaneously  proposed 

are 

In  order  to  give  priority  to  the  less  widely-
used languages of the European Union works 
written  in  these  languages  may  nevertheless 
be  eligible  for  a  translation  grant  without 
having  been  previously  translated  into  other 
Community  languages.  Grants  are  intended 
to  support  translation  into  another  European 
language.  These  provisions  also- apply  to 
works: 

13 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  6) 

Annex,  Action  1, Point  1, paragraph  ba  (new) 

Priority  should  be given to applications  from 
small  independent  publishing  companies 

14 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  7) 

Action  1 -  final  paragraph 

The resources to be committed to this Action 
will  amount  to  50%  of  the  overall  budget 
allocated-to  this  programme.  The  exact 
breakdown  between  the  six  Actions  making 
up  this  programme  will  be  determined  in 
accordance  with  the  procedure  laid  down  in 
Article  5(3). 

The resources to be committed  to this  Action 
will  amount  to  50%  of  the  overall  budget 
allocated  to  this  programme. 

15 

Common  Position  of  the  Council 

Modified  Text 

(Amendment  8) 

Annex,  Action  2,  third  paragraph,  indent 

the  mutual  knowledge  of,  and  access to, 
the  literature  or  history  of  the  European 
peoples; 

the development of partnership  initiatives 
which  aim  to  facilitate  access  to  data 
relevant  to the dissemination  of  books to 
their  promotion,  to  their  translation  and 
to  access  by  the  citizen  to  reading; 

(a) 

(b) 

the  mutual  knowledge  of,  and  access 
to,  the  literature  or  history  of  the 
European  people; 

development 

the 
initiatives  which  aim to  facilitate, 

of 

partnership 

to 
of  .  books, 

the 
access  to  data  relevant 
dissemination 
for 
example,  by  creating  a  database 
containing  the  details  of  books 
the  market,  of 
available  on 
publishing 
their 
and 
houses 
specialist  fields,  with  a  view  to 
supporting  the  co-production  and 
co-publication  of European works. 

the promotion  of  books. 

including 

translation, 

their 
the 
possible  setting  up  of  a  semantics 
semantic 
database 
(listing 
difficulties  and  peculiarities) 
to 
help 
literary 
translators. 

technical 

and 

access  by  the  citizen  to  reading; 

the  exchange  of  experience  and  know-
how  on  themes  of  common 
interest 
between  professionals  at  European  level. 

fcÛ 

the  exchange  of  experience  and  know-
how  on  themes  of  common  interest 
between  professionals  at  European 
level. 

16 

ISSN 0254-1475 

COM(96) 637  final 

DOCUMENTS 

EN 

16 

Catalogue number  :  CB-CO-96-634-EN-C 

ISBN  92-78-12932-1 

Office  for  Official  Publications of the European  Communities 

L-2985  Luxembourg 

AJ