Amended proposal for a Council Decision on the European Year of People with Disabilities 2003 (presented by the Commission pursuant to Article 250(2) of the EC-Treaty)
Date: 2001-11-28
Institutions: European Commission
Subjects: European citizenship, European social policy, anti-discriminatory measure, disabled person, equal treatment

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Official Journal of the European Communities

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Amended proposal for a Council Decision on the European Year of People with Disabilities
2003 (1)

(2002/C 75 E/16)

(Text with EEA relevance)

COM(2001) 721 final (cid:151) 2001/0116(CNS)

(Submitted by the Commission pursuant to Article 250(2) of the EC Treaty on 28 November 2001)

(1) OJ C 240 E, 28.8.2001, p. 160.

INITIAL PROPOSAL

AMENDED PROPOSAL

THE COUNCIL OF THE EUROPEAN UNION,

Unchanged

Having regard to the Treaty establishing the European
Community, and in particular Article 13 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament,

Having regard to the opinion of
Committee,

the Economic and Social

Having regard to the opinion of the Committee of the Regions,

Whereas:

(1) The promotion of a high level of employment and social
protection, and raising the standard of living and quality
of life among Member States are aims of the Community.

(2) The Community Charter of the Fundamental Social Rights
of Workers recognises the need to take appropriate action
for the social and economic integration of people with
disabilities.

(3) The resolution of

the Council and the Ministers for
Education meeting within the Council of 31 May
1990 (1) concerning integration of children and young
people with disabilities
of
education states that (cid:145)the Member States have agreed to
their efforts to integrate or
intensify, where necessary,
and students with
encourage
disabilities,
into the ordinary
education system(cid:146).

integration of pupils
in all appropriate cases,

into ordinary

systems

___________
(1) OJ C 162, 3.7.1990, p. 2.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(3) The Resolution of the Council and of representatives of
the Governments of Member States meeting within the
Council of 20 December 1996 on equality of opportunity
for people with disabilities (1), and the Resolution of the
Council of 17 June 1999 on equal employment oppor-
tunities for people with disabilities (2), reaffirm the basic
human rights of people with disabilities to equal access to
social and economic opportunities.

(4) The Resolution of the Council and of representatives of
the Governments of Member States meeting within the
Council of 20 December 1996 on equality of opportunity
for people with disabilities (1), and the Resolution of the
Council of 17 June 1999 on equal employment oppor-
tunities for people with disabilities (2), reaffirm the basic
human rights of people with disabilities to equal access to
social and economic opportunities.

(4) The Conclusions of the Lisbon European Council of 23
and 24 March 2000 call upon Member States to take
greater account of social exclusion in their employment,
education and training, health and housing policies and to
define priority actions for specific target groups, such as
people with disabilities.

(5) The Conclusions of the Lisbon European Council of 23
and 24 March 2000 call upon Member States to take
greater account of social exclusion in their employment,
education and training, health and housing policies and to
define priority actions for specific target groups, such as
people with disabilities.

(5) The European Social Agenda

adopted at

the Nice
European Council Meeting of 7, 8, 9 December 2000
states that the European Union will develop, in particular
during the European Year of People with Disabilities
(2003), all action intended to bring about the fuller inte-
gration of people with disabilities in all areas of life.

(6) The European Social Agenda

adopted at

the Nice
European Council Meeting of 7, 8, 9 December 2000
states that the European Union will develop, in particular
during the European Year of People with Disabilities
(2003), all action intended to bring about the fuller inte-
gration of people with disabilities in all areas of life.

(7) 2003 will mark the tenth anniversary of the adoption by
the United Nations General Assembly of
the Standard
Rules on the Equalization of Opportunities for Persons
with Disabilities, which have
considerable
progress to be made on approaching disability from a
human rights perspective.

enabled

(6) This decision respects

rights

fundamental

and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
as general principles of Community law.
In particular,
this decision seeks to ensure full respect for the right of
persons with disabilities
from measures
designed to ensure their independence, social and occu-
integration and participation in the life of the
pational
community and to promote the application of
the
non-discrimination principle (Article 26 and Article 21
of the Charter of Fundamental Rights of the European
Union (3)).

to benefit

(8) This decision respects

rights

fundamental

and
the
observes the principles recognised in particular by the
Charter of Fundamental Rights of the European Union
as general principles of Community law.
In particular,
this decision seeks to ensure full respect for the right of
persons with disabilities
from measures
designed to ensure their independence, social and occu-
integration and participation in the life of the
pational
community and to promote the application of
the
non-discrimination principle (Article 26 and Article 21
of the Charter of Fundamental Rights of the European
Union (3)).

to benefit

(7) The European Parliament,

the Economic and Social
Committee and the Committee of the Regions have all
urged the Community to strengthen its contribution to
efforts in Member States to promote equal opportunities
for people with disabilities.

(9) The European Parliament,

the Economic and Social
Committee and the Committee of the Regions have all
urged the Community to strengthen its contribution to
efforts in Member States to promote equal opportunities
for people with disabilities with a view to integrating
them into society.

___________
(1) OJ C 12, 13.1.1997.
(2) OJ C 186, 2.7.1999, p. 3.
(3) OJ C 364, 18.12.2000, p. 1.

___________
(1) OJ C 12, 13.1.1997.
(2) OJ C 186, 2.7.1999, p. 3.
(3) OJ C 364, 18.12.2000, p. 1.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(10) On 12 May 2000 the Commission adopted a communi-
cation entitled (cid:145)Towards a Barrier-Free Europe for People
in which it undertook to develop and
with Disabilities(cid:146)
support an integrated overall strategy for dealing with
the
and design-related obstacles
which needlessly prevent disabled people from partici-
pating in economic and social activity. The Parliament
adopted a similar resolution unanimously.

architectural

social,

(8) The

for

equal

general

treatment

framework

2000/78/EC (1)
to support

in
employment and occupation provided for by Council
Community
Directive
programme
legislative
measures at Community and Member State level set up
by Council Decision EC (2), aim at changing practices and
attitudes by mobilising the players involved and fostering
the exchange of information and good practice.

the
supplement

and

and

(11) The

for

and

equal

general

treatment

framework

2000/78/EC (1)
to support

in
employment and occupation provided for by Council
Community
Directive
programme
legislative
measures at Community and Member State level set up
by Council Decision 750/2000/EC (2), aim at changing
practices
the players
involved and fostering the exchange of information and
good practice.

the
supplement

by mobilising

attitudes

and

and

information about disability,

(9) Since exclusion from the labour-market of people with
disabilities is inextricably linked to problems of and a
lack of
is necessary to
increase society’s understanding of the rights, needs and
potential of disabled persons, and a joint effort by all the
different partners is required to develop and promote a
flow of information

it

it

(12) Since exclusion from the labour-market of people with
disabilities is inextricably linked to problems of structure
and attitude, prejudice and a lack of information about
disability,
is necessary to increase society’s under-
standing of the rights, needs and potential of disabled
persons, and a joint effort by all the different partners is
required to develop and promote a flow of information
and exchange of good practice. Such raising of awareness
must focus to a greater extent on the social aspects of
disability.

(10) Raising awareness relies primarily on effective action at
Member State level. Action should be supplemented by
concerted efforts at Community level and the European
Year could act as a catalyst in raising awareness and in
building momentum.

(13) Raising awareness relies primarily on effective action at
Member State level. Action should be supplemented by
concerted efforts at Community level and the European
Year could act as a catalyst in raising awareness and in
building momentum.

(14) Collaboration, dialogue

concertation with
disabled persons must always be at the centre of any
strategy or policy concerning disability.

and prior

(15) The Year’s activities must embrace the many different
including physical, sensory, mental

kinds of disability,
and psychological.

___________
(1) OJ L 303, 2.12.2000, p. 16.
(2) OJ L 303, 2.12.2000, p. 23.

___________
(1) OJ L 303, 2.12.2000, p. 16.
(2) OJ L 303, 2.12.2000, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

(11) Consistency and complementarity with other Community
action is needed,
in particular with action to combat
discrimination and social exclusion, and to promote
human rights, education, training and gender equality.

(16) Consistency and complementarity with other Community
action is needed,
in particular with action to combat
discrimination and social exclusion, and to promote
human rights, education, training and gender equality.

(17) Information from the Community Institutions must be
available on request in an accessible form of presentation
(large print, braille, tapes, etc.).

(18) The joint declaration of 20 July 2000 provides for an
opinion from the budgetary authority on whether the
new proposals with a budgetary impact are compatible
with the financial
framework without any watering
down of existing policy.

(12) The Agreement on the European Economic Area (EEA
for greater co-operation in the
Agreement) provides
social
field between the European Community and its
Member States, on the one hand, and the countries of
the European Free Trade Association participating in the
European Economic Area (EFTA/EEA), on the other.
Provision should be made to open this programme to
participation by the candidate countries of Central and
Eastern Europe, in accordance with the conditions estab-
in their additional
lished in the Europe Agreements,
respective
protocols
funded by
Association Councils,
additional
the
procedures to be agreed with those countries, as well as
to Turkey,
in
accordance with the procedures to be agreed with that
country.

the
to Cyprus and Malta,

and in the decisions of

accordance with

appropriations

appropriations

funded by

additional

in

(19) The Agreement on the European Economic Area (EEA
for greater co-operation in the
Agreement) provides
social
field between the European Community and its
Member States, on the one hand, and the countries of
the European Free Trade Association participating in the
European Economic Area (EFTA/EEA), on the other.
Provision should be made to open this programme to
participation by the candidate countries of Central and
Eastern Europe, in accordance with the conditions estab-
in their additional
lished in the Europe Agreements,
respective
protocols
funded by
Association Councils,
additional
the
procedures to be agreed with those countries, as well as
to Turkey,
in
accordance with the procedures to be agreed with that
country.

the
to Cyprus and Malta,

and in the decisions of

accordance with

appropriations

appropriations

funded by

additional

in

(13) In accordance with the principles of subsidiarity and
proportionality as defined in Article 5 of the Treaty, the
objectives of the proposed action aimed at generating at
Community level awareness of the rights of people with
disabilities cannot be adequately achieved by the Member
the Community-wide
alia, of
States because,
dimension of the issue, the need for multilateral part-
nerships, the transnational exchange of information and
the Community-wide dissemination of good practice. This
Decision does not go beyond what is necessary to achieve
those objectives.

inter

(20) In accordance with the principles of subsidiarity and
proportionality as defined in Article 5 of the Treaty, the
objectives of the proposed action aimed at generating at
Community-level awareness of the rights of people with
disabilities cannot be adequately achieved by the Member
the Community-wide
alia, of
States because,
dimension of the issue, the need for multilateral part-
nerships, the transnational exchange of information and
the Community-wide dissemination of good practice. This
Decision does not go beyond what is necessary to achieve
those objectives.

inter

(14) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of this Decision should be adopted by
use of the advisory procedure provided for in Article 3
of that Decision,

the exercise of

for

for

(21) In accordance with Article 2 of Council Decision
1999/468/EC of 28 June 1999 laying down the
implementing powers
procedures
conferred on the Commission (1), measures
the
implementation of this Decision should be adopted by
use of the advisory procedure provided for in Article 3
of that Decision,

the exercise of

for

for

___________
(1) OJ L 184, 17.7.1999, p. 23.

___________
(1) OJ L 184, 17.7.1999, p. 23.

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INITIAL PROPOSAL

AMENDED PROPOSAL

HAS DECIDED AS FOLLOWS:

Unchanged

Article 1

Establishment of the European Year of People with
Disabilities

The year 2003 shall be designated as the (cid:145)European Year of
People with Disabilities(cid:146).

Article 2

Objectives

The objectives of the European Year of People with Disabilities
shall be:

(a) to raise awareness of the rights of people with disabilities to
protection against discrimination and to full and equal
enjoyment of their rights as laid down,
in the
provisions of the Charter of Fundamental Rights of the
European Union;

inter alia,

(a) to raise awareness of the rights of people with disabilities to
protection against discrimination and to full and equal
enjoyment of
laid
down, inter alia, in the provisions of the Charter of Funda-
mental Rights of the European Union;

fundamental human rights as

their

(b) to encourage reflection on and discussion of the measures
needed to promote equal opportunities for people with
disabilities in Europe;

Unchanged

(c) to promote the exchange of experience of good practice
local, national and

and effective strategies devised at
European level;

(d) to reinforce the co-operation between all parties concerned,
namely government at all
sector,
communities, voluntary sector groups, and their families,

the private

levels,

(d) to reinforce the co-operation between all parties concerned,
namely government at all
sector,
communities, voluntary sector groups, non-government
organisations, charities, the social partners, the education
sector, and all types of organisations of or for people with
disabilities and their families, with society in general; where
appropriate backed up by research;

the private

levels,

(e) to highlight

the positive contribution that people with
disabilities make to society as a whole,
in particular by
putting a value on diversity and by creating a positive
and accommodating environment;

Unchanged

(f)

to make people aware of the heterogeneity of people with
disabilities and the different
forms of discrimination to
which they are exposed;

(g) to stress the importance of the family’s role at all stages of
disabled people’s lives, with particular emphasis on the
problems that arise when the parents of children with a
disability get older;

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INITIAL PROPOSAL

AMENDED PROPOSAL

(h) to draw particular attention to the situation of people with
severe or multiple disabilities and to the need to combat
against disabled people,
abuse
particularly those in institutions, more effectively;

and acts of violence

(i)

to pay particular attention to increasing awareness of the
right of disabled children and young people to equality in
education so as to promote and support their full
inte-
gration into society, and to promote cooperation between
European professionals in education for disabled children
and young people with a view to improving the integration
of pupils and students with special needs into mainstream
or specialised establishments and national and European
exchange programmes.

Article 3

Content of measures

Unchanged

The measures designed to meet the objectives set out in
1.
Article 2 the development of or the provision of support to:

The measures designed to meet the objectives set out in
1.
Article 2 may entail the development of or the provision of
support to:

(a) meetings and events;

Unchanged

(b) information and promotional campaigns

involving the
tools and aids accessible to people with

production of
disabilities throughout the Community;

(c) co-operation with broadcasting and media organisations;

(c) co-operation with broadcasting and media organisations of

all kinds;

(d) surveys and studies on a Community-wide scale;

Unchanged

(e) creation of partnerships between all
local, national and European level.

interested parties at

Details of the measures referred to in paragraph 1 are set

2.
out in the Annex.

Unchanged

Article 4

Implementation at Community level

The Commission shall ensure the implementation of
the
Community actions covered by this Decision in conformity
with the Annex.

It shall conduct a regular exchange of views with represen-
tatives of people with disabilities at Community level on the
design, implementation and follow-up of the European Year of
the People with Disabilities. To that end, the Commission shall
information available to these represen-
make the relevant
tatives. The Commission shall
inform the Committee estab-
lished under Article 6(1) of their opinion.

It shall conduct a regular exchange of views with represen-
tatives of
individuals, groups and organisations of people
with disabilities at Community level on the design, implemen-
tation and follow-up of the European Year of the People with
Disabilities. To that end,
the Commission shall make the
information available to these representatives. The
relevant
Commission shall
inform the Committee established under
Article 6(1) of their opinion.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 5

Unchanged

Cooperation and implementation at national level

shall

authorities where necessary,

To this end, each Member State, having consulted the local and
establish or
regional
designate a national co-ordinating body or an equivalent
administrative body to organise
its participation in the
European Year of People with Disabilities. This body shall
ensure that all types of disability are covered and, by means
of extensive consultation, that it is representative of a range of
organisations representing people with disabilities and other
relevant stakeholders.

Unchanged

Each Member State shall be responsible for the co-ordi-
1.
nation and implementation at national
level of the measures
provided for in this Decision, including the selection of projects
under Part B of the Annex.

To this end, each Member State, shall establish or designate a
national co-ordinating body or an equivalent administrative
body to organise its participation in the European Year of
People with Disabilities. This body shall ensure that that it is
representative of a range of organisations representing people
with disabilities and other relevant stakeholders.

2.
In accordance with the procedure referred to in Article
6(2), the Commission shall determine global grants which shall
be allocated to the Member States to support actions at
shall be
national,
awarded only to public-law bodies or bodies which have a
public-service mission guaranteed by the Member States.

level. Global grants

regional and local

The procedure for the use of global grants shall be
to an agreement between the Commission and the

3.
subject
Member State concerned.

The procedure shall detail in particular, in compliance with the
Financial Regulation applicable to the general budget of the
European Communities:

(a) the measures to be implemented;

(b) the criteria for choosing beneficiaries;

(c) the conditions and rates of assistance;

(d) the arrangements for monitoring, evaluating and ensuring

the financial control of the global grant.

Article 6

Committee

The Commission shall be assisted by a committee,
the Member States and

1.
composed of
representatives of
chaired by the representative of the Commission.

2. Where reference is made to this paragraph, the advisory
procedure laid down in Article 3 of Decision 1999/468/EC
shall apply, in compliance with Article 7 thereof.

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AMENDED PROPOSAL

INITIAL PROPOSAL

Article 7

Financial arrangements

1. Measures which are Community-wide in nature, as
described in Part A of the annex, may be subsidised up to
80 % or give rise to procurement contracts financed from
the general budget of the European Communities.

2. Measures which are local, regional, national, or trans-
national in nature, as described in Part B of the annex, may
be co-financed from the general budget of
the European
Communities up to a maximum of 50 % of the total cost.

Article 8

Application and selection procedure

Decisions on the financing and co-financing of measures
1.
under Article 7(1) shall be adopted by the Commission in
accordance with the procedure referred to in Article 6(2).
The Commission shall ensure a balanced distribution among
the different fields of activity involved.

for

Requests

2.
financial assistance for measures under
Article 7(2) shall be submitted to the Member States. On
basis of the opinion expressed by the national co-ordinating
bodies, Member States shall select beneficiaries and allocate
financial assistance to the applicants selected in accordance
with the procedures to be established under Article 5(3).

Article 9

Consistency

Consistency, coordination and coherence

The Commission, in co-operation with the Member States, shall
ensure consistency between the measures provided for in this
Decision and other Community action and initiatives.

Unchanged

The Commission shall also ensure that appropriate efforts are
undertaken to enable people with disabilities to participate in
Community programmes and initiatives on an equal footing.

It shall also ensure the between the European Year of People
with Disabilities and other existing Community, national and
regional initiatives and resources, where these can contribute to
fulfilling the objectives of the European Year of People with
Disabilities.

It shall also ensure the greatest possible coherence between the
European Year of People with Disabilities and other existing
Community, national and regional
initiatives and resources,
where these can contribute to fulfilling the objectives of the
European Year of People with Disabilities.

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INITIAL PROPOSAL

AMENDED PROPOSAL

Article 10

Unchanged

Participation by the EFTA/EEA countries, the associated
countries of Central and Eastern Europe, Cyprus, Malta
and Turkey

The European Year of People with Disabilities shall be open to
participation by the EFTA/EEA countries in accordance with
the conditions established in the EEA Agreement.

The candidate countries of Central and Eastern Europe shall
participate in accordance with the conditions established in the
in their additional protocols and in the
Europe Agreements,
decisions of the respective Association Councils.

The participation of Cyprus, Malta and Turkey shall be funded
by additional appropriations in accordance with procedures to
be agreed with those countries.

Article 11

Budget

Actions aimed at preparing the launching of the European Year
may be financed as from 1 January 2002.

Article 12

International cooperation

Within the framework of the European Year, the Commission
with relevant international organisations.

Within the framework of the European Year, the Commission
shall cooperate with relevant international organisations.

Article 13

Monitoring and evaluation

Unchanged

The Commission shall submit, by 31 December 2004 at the
latest, a report to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the
Regions on the implementation, results and overall assessment
of the measures provided for in this Decision.

The Commission shall submit, by 31 December 2004 at the
latest, a report to the European Parliament, the Council, the
Economic and Social Committee and the Committee of the
Regions on the implementation, results and overall assessment
of the measures provided for in this Decision. The Commission
shall ensure that the report is presented in formats accessible to
people with disabilities.

Article 14

Entry into force

Unchanged

This Decision shall be published in the Official Journal of the
European Communities.
its
publication.

It shall take effect on the day of

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INITIAL PROPOSAL

AMENDED PROPOSAL

ANNEX

NATURE OF THE MEASURES REFERRED TO IN ARTICLE 3

A. Community-wide action

Unchanged

1. Meetings and events:

(a) organisation of meetings at Community level;

(b) organisation of events to raise awareness of the rights of
people with disabilities, including the conferences to open
and close the Year;

2. Information and promotional campaigns involving:

(a) the development of a logo and of slogans for the European
Year of People with Disabilities, for use in connection with
any activity linked to the Year;

(b) an information campaign on a Community-wide scale;

(c) the production of tools and aids accessible to people with

disabilities throughout the Community;

(d) appropriate initiatives by European disability NGOs aimed at
disseminating information on the Year tailored to the needs
of people with specific disabilities and/or of people with
disabilities facing multiple discrimination;

(e) the organisation of European competitions highlighting
achievements
the
and experiences on the
European Year of People with Disabilities.

themes of

The Commission shall ensure that organisations of people with
disabilities are involved in the decisions on the messages and
images developed during the information campaign

3. Other actions:

Unchanged

Cooperation with broadcasting and media organisations as
partners for spreading the information about
for
using new tools allowing easier access to this information
(such as voice subtitling for the hearing impaired and images
description for the visually impaired), and to other programmes
if possible and for improving communication about people with
disabilities;

the Year,

including a
Surveys and studies on a Community-wide scale,
series of questions
the
intended to assess
European Year of People with Disabilities, to be included in a
Eurobarometer survey and an evaluation report on the effec-
tiveness and impact of the European Year.

the impact of

including a
Surveys and studies on a Community-wide scale,
series of questions
the
intended to assess
European Year of People with Disabilities, to be included in a
Eurobarometer survey and an evaluation report on the effec-
the European Year. This study must
tiveness and impact of
the efforts made to integrate these
include an evaluation of
people in the Community,
in particular through programmes
promoting independent living.

the impact of

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INITIAL PROPOSAL

AMENDED PROPOSAL

4. This funding may be in the form of:

Unchanged

(cid:151) the direct purchase of goods and services, in particular in the
field of communication, via open and/or restricted calls for
tenders;

(cid:151) the direct purchase of consultancy services, via open and/or

restricted calls for tenders;

(cid:151) subsidies allocated to cover the expenses of special events at
European level to highlight and raise awareness of the Year;
such funding shall not exceed 80 %.

B. Nation level action

Action at local, regional, national or transnational level may qualify
for financing from the Community budget up to a maximum of
50 % of the cost, depending on the nature and context of what is
proposed. These may include:

1. Events connected with the objectives of the European Year of
People with Disabilities, including an event to launch the Year

1. Events connected with the objectives of the European Year of
People with Disabilities, including an event to launch the Year
comprising the creation of partnerships with representatives of
individuals and groups working for disabled
disabled people,
people at national, regional and local
level and other stake-
holders;

2. Information campaigns and measures to disseminate examples of
good practice, other than those described in Part 1(A) of this
Annex;

Unchanged

3. The organisation of awards or competitions;

4. Surveys and studies other than those mentioned in 1(A) above;

C. Action for which no financial aid from the Community budget

is available

The Community will offer its moral support,
including written
authorisation to use the logo and other material associated with
the European Year, for initiatives undertaken by public or private
organisations, where those organisations can demonstrate to the
satisfaction of the Commission that the initiatives involved are or
will be in progress during the year 2003 and are likely to
contribute significantly to achieving one or more of the objectives
of the European Year.

In implementing the measures, the Commission may make use of
technical and/or administrative assistance, for the mutual benefit of
the Commission and the beneficiaries,
in connection with the
identification, preparatory, management, monitoring, audit and
control measures for the programme or projects.

The Commission may also carry out studies, organise meetings of
experts and engage in information and publication activities directly
connected with the aims of this programme.