COMMON POSITION (EC) No 12/98 adopted by the Council on 26 January 1998 with a view to adopting Decision 98/.../EC of the European Parliament and of the Council amending Council Decision 92/481/EEC on the adoption of an action plan for the exchange between Member State administrations of national officials who are engaged in the implementation of Community legislation required to achieve the internal market (Karolus programme)
Date: 1998-01-26
Institutions: Council of the European Union
Subjects: Central and Eastern European countries, EFTA countries, EU programme, civil servant, labour mobility, single market

C  62/60

EN

Official  Journal  of  the  European  Communities

26.2.98

COMMON  POSITION  (EC)  No  12/98

adopted  by  the  Council  on  26  January  1998

with  a  view  to  adopting  Decision  98/. . ./EC  of  the  European  Parliament  and  of  the  Council
amending  Council  Decision  92/481/EEC  on  the  adoption  of  an  action  plan  for  the  exchange
between  Member  State  administrations  of  national  officials  who  are  engaged 
in  the
implementation  of  Community  legislation  required  to  achieve  the  internal  market  (Karolus
programme)

(98/C  62/06)

THE  EUROPEAN  PARLIAMENT  AND  THE  COUNCIL  OF
THE  EUROPEAN  UNION,

Having  regard  to  the  Treaty  establishing  the  European
Community,  and  in  particular  Article  100a  thereof,

Having  regard  to  the  proposal  from  the  Commission (1),

Having regard to the opinion of the Economic and Social
Committee (2),

Acting  in  accordance  with  the  procedure  laid  down  in
Article  189b  of  the  Treaty (3),

Whereas the Karolus programme, introduced by Decision
92/481/EEC (4),  expired  on  31  December  1997;

Whereas  the  usefulness  of  the  programme  has  not  been
sufficiently  proven  in  terms  of  strengthening  cooperation
between  the  Member  States  by  exchanging  experience
gained  in  the  implementation  of  Community  legislation
required  to  complete  the  internal  market,  particularly
because  of  the  high  number  of  priority  measures;

in  the  Europe  Agreements  and 

laid  down 
additional  Protocols  annexed 
Agreements 
programmes;

to 
regarding  participation 

in  the
the  Association
in  Community

Whereas  the  programme  should  be  opened  up  to
participation  by  the  EFTA  States  which  are  members  of
the  European  Economic  Area  (EEA)  and  by  Cyprus,  the
latter on the basis of additional appropriations, subject to
the  same  rules  as  those  applying  to  the  EFTA  States
which  are  EEA  members,  in  accordance  with  procedures
to  be  agreed  with  Cyprus,  the  arrangements  for  this
participation  to  be  agreed  between  the  parties  concerned
at  the  appropriate  time;

Whereas  the  European  Parliament,  the  Council  and  the
Commission  made  a  joint  declaration  on  6  March  1996
into
on 
legislative acts (5);

financial  provisions 

incorporation  of 

the 

the  period  1998 

to  1999  additional 

Whereas  this  Decision  establishes  a  financial  framework
the
for 
appropriations  committed  during  the  period  1992  to
1997;  whereas  the  aggregate  amount  for  the  two  periods
constitutes  the  principal  point  of  reference  within  the
meaning  of  point  1  of  the  said  declaration  of  6  March
1995  for  the  budgetary  authority  during  the  annual
budgetary  procedure;

to 

Whereas, accordingly, the programme should be extended
for two years while ensuring the participation of officials
from  as  many  Member  States  as  possible,  pending  the
implementation  of  a  new  multiannual  programme;

Whereas  an  agreement  on  a  modus  vivendi  between  the
European  Parliament,  the  Council  and  the  Commission
concerning the implementing measures of acts adopted in
accordance with the procedure laid down in Article 189b
of  the  Treaty (6)  was  concluded  on  20  December  1994,

Whereas  the  programme  should  be  opened  up  to
participation  by  the  associated  countries  of  Central  and
Eastern  Europe  (CEECs),  in  accordance  with  the  terms

(1)  OJ  C  274,  10.9.1997,  p.  9,  and  OJ  C  1,  3.1.1998,  p.  18.
(2)  Opinion  delivered  on  10  December  1997  (not  yet  published

in  the  Official  Journal).

(3)  Opinion  of  the  European  Parliament  of  18  November  1997
(not yet published in the Official Journal), Common Position
of  the  Council  of  26  January  1998  and  Decision  of  the
European Parliament of . . . (not yet published in the Official
Journal).

(4)  OJ  L  286,  1.10.1992,  p.  65.

HAVE  ADOPTED  THIS  DECISION:

Article  1

Decision  92/481/EEC  is  hereby  amended  as  follows:

(5)  OJ  C  102,  4.4.1996,  p.  4.
(6)  OJ  C  102,  4.4.1996,  p.  1.

26.2.98

EN

Official  Journal  of  the  European  Communities

C  62/61

1.  Article  11  shall  be  replaced  by  the  following:

‘Article  11

1. The  programme  shall  last  seven  years  and  its
implementation  shall  start  with  the  1993  budget
year.

for 

framework 

implementation  of 

2. The appropriations committed for the period 1993
to  1997  shall  amount  to  ECU  7,7  million.  The
financial 
the
programme during the extension period 1998 to 1999
shall  be  ECU  4,5  million.  The  aggregate  amount  of
ECU 12,2 million shall correspond to an overall figure
of 1 340 participants. The annual appropriations shall
be  authorised  by  the  budgetary  authority  within  the
limits  of  the  financial  perspective  and  in  accordance
with  the  criteria  of  sound  financial  management
referred  to  in  Article  2  of  the  Financial  Regulation.’;

(CEECs),  in  accordance  with  the  terms  laid  down  in
the  Europe  Agreements  and 
the  additional
Protocols  annexed  to  the  Association  Agreements
regarding  participation  in  Community  programmes.

in 

The  programme  shall  be  open  to  participation  by
EFTA  States  which  are  European  Economic  Area
(EEA) members and by Cyprus, the latter on the basis
of additional appropriations, subject to the same rules
as  those  applying  to  EFTA  States  which  are  EEA
members, in accordance with procedures to be agreed
with  Cyprus.

The  arrangements  for  this  participation  shall  be
the
agreed  between 
appropriate  time.’

the  parties  concerned  at 

Article  2

This  Decision  is  addressed  to  the  Member  States.

2.  The  following  Article  shall  be  inserted:

‘Article  11a

Done  at  . . .

The  programme  shall  be  open  to  participation  by  the
associated  countries  of  Central  and  Eastern  Europe

For  the  European  Parliament

For  the  Council

The  President

The  President

C  62/62

EN

Official  Journal  of  the  European  Communities

26.2.98

STATEMENT  OF  THE  COUNCIL’S  REASONS

I. 

INTRODUCTION

1.  On  25  July  1997  the  Commission  submitted  a  proposal  based  on  Article  100a  of  the
EC  Treaty  amending  Decision  92/481/EEC  of  22  September  1992  on  the  adoption  of
an  action  plan  for  the  exchange  between  Member  State  administrations  of  national
officials  who  are  engaged  in  the  implementation  of  Community  legislation  required  to
achieve  the  internal  market  (Karolus  programme).

2.  The European Parliament delivered its opinion on 18 November 1997 and put forward
eight  amendments  to  the  Commission  proposal.  In  the  light  of  that  opinion,  on  26
November  1997  the  Commission  submitted  an  amended  proposal  incorporating  six  of
the  European  Parliament’s  amendments.

3.  The  Economic  and  Social  Committee  delivered  its  opinion  on  10  December  1997.

4.  On  26  January  1998  the  Council  adopted  a  common  position  on  the  Commission

proposal  in  accordance  with  Article  189b  of  the  Treaty.

II.  OBJECTIVE

The  aim  of  the  proposal  for  a  Decision  is  to  extend  the  programme  until  the  end  of  1999
and to open it up to officials from the associated countries of Central and Eastern Europe,
the  EFTA  countries  and  Cyprus.

III.  ANALYSIS  OF  THE  COMMON  POSITION

The  Council  accepted  the  Commission  proposal  as  amended  to  take  account  of  the
amendments  put  forward  by  the  European  Parliament.

As regards the European Parliament amendments which the Commission did not include in
its  amended  proposal,  the  Council  agreed  with  the  Commission  that  the  amendments  in
question  did  not  correspond  to  the  objective  of  the  proposal  as  set  out  in  II  above.