Opinion of the Commission pursuant to Article 189b(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 the Community action programme 'European voluntary service for young people'
Date: 1998-03-30
Institutions: European Commission
Subjects: European citizenship, action programme, social participation, voluntary military service, young person

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 30.03.1998 
COM(1998) 201  final 

96/0318 (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 the Community action programme 
"European voluntary service for young people" 

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

EXPLANATORY  MEMORANDUM 

Article  189b  (2d)  of the  EC Treaty  states  that  the  Commission  shall  deliver  an opinion on 
amendments proposed by the European Parliament at second reading. 

The Commission hereby sets out its opinion on the 10 amendments proposed by the European 
Parliament  It  also  attaches,  pursuant  to  Article  189a (2)  of the EC Treaty,  an  amended 
proposal incorporating the two EP amendments which it has accepted. 

1.  Background 

a) 

b) 

c) 

d) 

e) 

f) 

g) 

On 23 December  1996,  the  Commission forwarded to the  Council  and the  European 
Parliament its proposal for a Decision (COM(96) 610 final - COD  96/0318). 

On 19  March  1997,  the Economic  and Social  Committee  delivered  a  favourable 
opinion. 

On 12 June 1997, the Committee of the Regions delivered a favourable opinion. 

On 12 June  1997,  the European  Parliament  adopted,  at first  reading,  a favourable 
resolution containing 40 amendments to the Commission proposal. 

On  23  July  1997, the Commission adopted, in accordance with Article  189a  (2) of the 
EC Treaty, an amended proposal for a Decision containing in full or in part 18 of the 40 
amendments  put  forward  by the European  Parliament  (COM(97)  347 final  -  COD-
96/0318). 

On 16 December  1997, the Council adopted its common position. 

On 12 March  1998,  the European  Parliament  voted  at second  reading  to adopt a 
favourable resolution including 10 amendments to the common position. 

2.  Aim of the  proposal for a Decision 

Based on Article  126 of the Treaty, the  programme forms part of the framework of objectives 
for a policy of cooperation in the field of youth. 

Its  main  objective is to help  with the  integration of young  people  into  active  life  by  means of 
socially  useful  transnational  activities  within  the Community  and in non-member  countries. 
European  voluntary  service  (EVS)  offers  young  people  residing  in the  European  Community 
(aged  18-25)  a  recognised  formative  experience,  at transnational  level,  involving  both  the 
acquisition of skills and abilities and the demonstration of responsible citizenship. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

After examining the amendments proposed by the European Parliament at second reading, the 
Commission is able to support those which: 

-  are in line with its initial proposal, or 
-  provide useful clarification of the text 

1. 

Amendments accepted by the Commission 

The Commission is able to accept amendments  Nos  1 and 6, and has incorporated them into 
its new amended proposal so that they may be re-examined by the Council. 

Amendment  No  1  (13th  recital)  concerns  the  removal  of obstacles  to  the  mobility  of  young 
volunteers. The Commission is able to accept the principles behind this  amendment using the 
following wording: "Whereas appropriate measures, particularly with regard to social protection 
and tax systems adopted by the Member States, would help facilitate access by young people 
to  national  infrastructures  within  the  framework  of  voluntary  service".  The  aim  is  to  take 
account of the competence of the Member States in this matter. 

Amendment No 6 (Article 9,(1)) concerns the composition of the Committee. The Commission, 
in keeping with the Comitology text  is able to accept the amendment by means of the following 
alterations  to  the  wording:  replacement  of  "In  the  execution  of  this  task"  by  "In  the 
implementation  of this  programme" for the purposes  of coherence of the text; replacement  of 
"composed of one representative  of each Member  State" by "composed  of representatives  of 
the Member States". 

2. 

Amendments  rejected by the Commission 

Amendments Nos 2,3,4,5,7,8,9  and 10 are rejected by the Commission. 

Amendment  No 2 (recital 21) concerns compatibility between European voluntary service and 
existing national civilian services. The Commission recognises the importance of this aspect in 
the  development  of  EVS,  but  cannot  accept the  amendment  from  the  European  Parliament 
which touches upon questions related to the competence of the Member States. 

Amendment  No 3 (Article 3 (1)) concerns the budget for the two years of the programme. The 
Commission maintains the budget put forward in its initial proposal (ECU 60 million). 

Amendment  No  4  (Article  7  (1)):  the  first  part  of  the  amendment  relates  to  informing  and 
raising the awareness of volunteers with regard to their  rights and obligations. This concern is 
covered  by  the  text  of  the  common  position.  The  second  part  relates  to  compatibility  with 
existing national civilian services: see amendment No 2. The text of the common position takes 
on board, in spirit, the European Parliament's amendments on this question. 

•?y3:S;9HE?JMR!mvmi!!a8i*M.miiWW « M B£  >. }>wmi^t8fi\T&qt 

Amendment  No 5 (Article  7 (2)) relates  to the removal  of obstacles  to the mobility  of young 
volunteers. The amended text of recital No 13 (see amendment No 1) is more appropriate than 
the first part of the  European  Parliaments amendment in so far as the Commission  insists on 
respecting the competence of the Member States in this matter. 
The second part asks the Commission to put forward  proposals  aimed at introducing a status 
for young volunteers and thereby calls into question the Commission's right of initiative. 

Amendments  Nos 7, 8, 9,10  (Article  9 (2, 3, 3a)) relate  to the Programme  Committee  and 
introduce elements of the Modus  Vivendi.  While respecting  commitments  made in the context 
of the Modus Vivendi, the Commission must keep exactly to the Comitology text 

CONCLUSIONS 

In  conclusion,  the  Commission  considers 
that  the  European  Parliament's  proposed 
amendments  Nos 1 and 6 to the common position reinforce the text with regard to the removal 
of remaining obstacles and with regard to Comitology. 

The amended proposal incorporates these amendments. 

Amended proposal for a 

EUROPEAN PARLIAMENT AND COUNCIL DECISION 

establishing the Community Action Programme 

"European voluntary service for young people" 

(presented by the Commission in accordance with 
Article 189a (2) of the EC Treaty 

4c 

(11)  Whereas it is  necessary to  create new 
opportunities 
and 
application of experience and good practice 
and to promote new partnerships; 

transfer 

the 

for 

to 

regard 

(IS)  Whereas  appropriate  measures, 
social 
particularly  with 
protection  and tax systems adopted  by the 
Member  States,  would  help  facilitate 
access  by  young  people 
to  national 
infrastructures  within  the  framework  of 
voluntary service: 

(12)  Whereas  an 
independent  ex-ante 
evaluation  of  a multi-annual  programme  of 
voluntary  service  has  been  carried  out  in 
accordance with the principles put in place 
by the Commission for the second phase of 
("sound  and  efficient 
its  SEM  2000 
management") programme; 

(13)  Whereas  this  Decision  establishes  a 
to 
Community 
contribute 
of 
transnational voluntary service activities; 

framework  designed 
the  development 
to 

(14) Whereas participation by young people 
in voluntary  service  activities  constitutes  a 
form  of  informal  education,  the  quality  of 
which  will  to  a  large  extent  be  based  on 
appropriate  preparation  activities  including 
those  of  a  linguistic  and  cultural  nature, 
contributes to their future development and 
to broadening their horizons,  promotes the 
development  of  their  social  skills,  active 
citizenship  and  their  balanced  integration 
into  society from an  economic,  social  and 
cultural point of view and makes it possible 
to promote awareness of genuine European 
citizenship; 

- 5-

2.  Each  Member  State  shall  endeavour,  as 
far as possible, to adopt such measures as it 
deems necessary and desirable to ensure the 
proper  functioning  of  the  programme,  in 
particular  as  far  as  the  mobility  of  young 
volunteers is concerned. 

Article 8 
Attestation 

A document,  drawn  up by the  Commission 
in accordance with the procedure laid down 
in  Article 9(2)  and  (3),  shall  attest  to  the 
participation  of  young  volunteers 
in 
European  Voluntary  Service  and  to  the 
they  have 
experience  and  skills 
acquired during the relevant period. 

that 

Article 9 
Committee 

1. In the implementation  of this programme, 
the  Commission  shall  be  assisted  by  a 
committee 
two 
composed 
representatives  of  each  Member  State  and 
chaired  by 
the 
Commission. 

representative  of 

the 

of 

implementation  of 

this 
the 
In 
1. 
the  Commission  shall  be 
programme, 
assisted  by  a  committee  composed  of 
representatives  of  the Member  States  and 
chaired  by 
the 
Commission. 

the  representative  of 

2.  The  representative  of  the  Commission 
shall submit to the committee a draft  of the 
measures to be taken in respect  of: 

-  the committee's rules of procedure; 

-  the implementing provisions; 

the  annual  plan  of  work 

- 
the 
implementation  of  the  measures  in  the 
programme; 

for 

-  the  general  balance  between  the  various 
sections of the programme; 

-

*

>• 

ISSN 0254-1475 

COM(98) 201 final 

DOCUMENTS 

EN 

16  06  04  01 

Catalogue number  :  CB-CO-98-215-EN-C 

ISBN  92-78-32930-4 

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