Opinion of the Commission pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a Decision of the European Parliament and of the Council on a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination of good practices and the improvement of network and information security (MODINIS) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2003-10-20
Institutions: European Commission
Subjects: EU programme, action programme, data protection, information network, information society

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 20.10.2003
COM(2003) 637 final

2002/0187 (COD)

OPINION OF THE COMMISSION

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination
of good practices and the improvement of network and information security
(MODINIS)

AMENDING THE PROPOSAL OF THE COMMISSION
pursuant to Article 250 (2) of the EC Treaty

OPINION OF THE COMMISSION

pursuant to Article 251(2), third subparagraph, point (c) of the EC Treaty,
on the European Parliament's amendments
to the Council's common position regarding the
proposal for a

DECISION OF THE EUROPEAN PARLIAMENT
AND OF THE COUNCIL

on a multi-annual programme (2003-2005) for the monitoring of eEurope, dissemination
of good practices and the improvement of network and information security
(MODINIS)

1.

INTRODUCTION

Article 251(2), third subparagraph, point (c) of the EC Treaty provides that the Commission is
to  deliver  an  opinion  on  the  amendment  proposed  by  the  European  Parliament  at  second
reading.  The  Commission  sets  out  its  opinion  below  on  the  1  amendment  proposed  by
Parliament.

2.

BACKGROUND

Transmission of the Proposals to the Council and the European
Parliament (COM(2002) 425 final – 2002/0187(COD) in
accordance with article 157§3 of the Treaty:

26 July 2002

Date  of  the  opinion  of  the  European  Economic  and  Social
Committee:

24 October 2002

Date of the opinion of the Committee of the Regions

12 February 2003

Date of the opinion of the European Parliament, first reading:

12 February 2003

Following the opinion  of the  European Parliament  and  pursuant  to
Article  250(2)  of  the  EC  Treaty,  the  Commission  amended  its
proposal. Date of transmission of the amended proposal:

7 April 2003

Date  of  adoption  of  the  unanimous  common  position  by  the
Council.

26 May 2003

The  Commission  delivered  a  favourable  opinion  on  the  Common
position of the Council except for the budget of the programme.

28 May 2003

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3.

PURPOSE OF THE PROPOSAL

The proposal on the MODINIS programme aims to create a legal basis for the continuation
of monitoring activities of the eEurope 2005 Action Plan and dissemination of best practices.
Furthermore the draft Decision allows to launch preparatory actions for the establishment of
the Network and Information Security Agency.

4.

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN
PARLIAMENT

On  25  September  2003  the  European  Parliament  adopted  one  amendment  to  the  Council’s
common position on the MODINIS programme. The amendment was based on a compromise
agreed  between  Council  and  Parliament.  The  Commission  can  accept  the  European
Parliament  amendment  as  it  facilitates  the  second  reading  agreement  and  allows  an  earlier
start to the implementation of the MODINIS programme.

Amendment  1  (article  4,  second  paragraph)  changing  the  financial  framework  for  the
implementation of the programme from “€ 20millions” to “€ 21millions”.

5.

CONCLUSION

Pursuant to Article 250(2) of the EC Treaty, the Commission amends its proposal as set out
above.

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