Common Position (EC) No 13/2004 of 22 December 2003 adopted by the Council, acting in accordance with the procedure referred to in Article 251 of the Treaty establishing the European Community, with a view to adopting a decision of the European Parliament and of the Council establishing a Community action programme to promote bodies active at European level in the field of youth
Date: 2003-12-22
Institutions: Council of the European Union
Subjects: EU action, EU aid, action programme, financial aid, young person, youth policy

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I

(Information)

COUNCIL

COMMON POSITION (EC) No 13/2004

adopted by the Council on 22 December 2003

with a view to adopting Decision No . . ./2004/EC of the European Parliament and of the Council
of . . . establishing a Community action programme to promote bodies active at European level in
the field of youth

(2004/C 72 E/01)

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 149(4) thereof,

Having regard to the proposal from the Commission,

Having regard to the Opinion of the European Economic and
Social Committee (1),

(4)

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (2),

within which young people can make their voice heard; it
also states that information is essential to the development
of active citizenship.
In its Resolution on the White
Paper (3),
the European Parliament also stressed the
role played by international and European
important
youth organisations
to
in enabling
participate on a long-term basis in democratic life in
Europe.

young people

In its White Paper on European governance (4)
the
Commission calls for general openness and for represen-
tatives of civil society to be consulted and included in the
formation of EU policy.
role of
It
non-governmental organisations in giving voice to the
concerns of citizens.

recognises

the

Whereas:

(1) The Treaty establishes citizenship of

the Union and
provides that Community action in the field of education,
vocational training and youth shall be aimed, inter alia, at
encouraging the development of youth exchanges and of
exchanges of socio-educative instructors.

(2) The Laeken Declaration annexed to the conclusions of the
European Council of 14 and 15 December 2001 asserts
that one of the basic challenges to be resolved by the
European Union is the way in which to bring citizens,
and primarily the young, closer to the European design
and the European institutions. International non-govern-
mental youth organisations enable young people to
become active citizens, develop a sense of responsibility,
in
express
exchanges across national borders;
these
organisations help to bring Europe closer
to young
citizens.

their opinions and values and take part

in so doing,

(3) The Commission's White Paper entitled ‘A new impetus
for European youth’ presented on 21 November 2001
argues that participation by young people should be
encouraged and advocates strengthening the organisations

(5) The resolution of the Council and of the representatives of
the Governments of the Member States, meeting within
the Council of 27 June 2002 regarding the framework
of European cooperation in the youth field (5) endorses
the thematic priorities as proposed in the White Paper
on European Youth, and in particular participation and
information, especially with the aim of encouraging
participation by young people in the exercise of active
citizenship, and proposes mechanisms for implementing
the open method of coordination by consulting young
people through specific arrangements at national
level
and consulting the European Youth Forum at European
level.

(6) The European Youth Forum represents young people
vis-à-vis the European Union and other international insti-
tutions. Its action is essential in order to coordinate and
relay to the European institutions
the
non-governmental youth organisations and to relay to
these organisations information about European matters
which are of interest to them. International Non-govern-
mental Youth Organisations provide non-formal and
informal
training and information to young
people; they constitute networks representing non-profit
bodies active in the Member States and other European
countries.

the views of

learning,

(1) OJ C . . .
(2) Opinion of the European Parliament of 6 November 2003 (not yet
published in the Official
Journal). Council Common Position of
22 December 2003 and Position of the European Parliament of
. . . (not yet published in the Official Journal).

(3) OJ C 180 E, 31.7.2003, p. 145.
(4) OJ C 287, 12.10.2001, p. 1.
(5) OJ C 168, 13.7.2002, p. 2.

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(7) Headings A-3023 and A-3029 of the general budget of
the European Union for the financial year 2003 and
previous
the
European Youth Forum and international non-govern-
mental youth organisations.

financial

support

provide

years

for

(8) Council Regulation (CE, Euratom) No 1605/2002 of
25 June 2002 on the Financial Regulation applicable to
the general budget of the European Communities (1), here-
inafter ‘the Financial Regulation’, requires a basic act to be
provided to cover these existing support actions.

(9) The

European

Parliament,

the Council

the
Commission undertook, at the time of the adoption of
the Financial Regulation,
to achieve the objective of
ensuring that this basic act enters into force as from the
financial year 2004.

and

(10) Provision should be made for the geographic coverage of
the programme to extend to the acceding States, and
in the case of some actions, to all European
possibly,
countries,
the importance of strengthening
in view of
links between the enlarged Union and its neighbours on
the European continent.

contributing, to the active participation of young citizens in
public life and in society and to the development and
implementation of Community cooperation actions in the
field of youth in the broad sense. Cooperation with the
European Youth Forum contributes to this general objective
in so far as the European Youth Forum represents and coor-
dinates non-governmental youth organisations and relays
information on youth to the European institutions.

The programme shall start on 1 January 2004 and shall

3.
end on 31 December 2006.

Article 2

Access to the programme

To be eligible for an operating grant, a body must satisfy the
requirements of the Annex and have the following charac-
teristics:

(a)

its activities must be in accordance with the principles
underlying Community action in the youth policy area
and take account of the priorities set out in the Annex;

(11) Any non-Community financing from State

resources

should comply with Articles 87 and 88 of the Treaty.

(b) it must have been legally established for more than one

year;

a

financial

framework constituting

(12) This Decision lays down, for the entire duration of the
programme,
the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament,
the Council and Commission on
budgetary discipline and improvement of the budgetary
procedure (2),
the budgetary authority during the
annual budgetary procedure.

for

(c)

it must operate at European level, either alone or in the
form of various coordinated associations, and its structure
and activities must have a potential impact throughout the
Union or cover at least eight of the countries referred to in
Article 3, including the Member States.

Article 3

Participation of third countries

(13) Any support granted under this Decision should comply
strictly with the principles of subsidiarity and propor-
tionality,

Participation in actions under the programme may be

1.
opened to bodies established in:

HAVE DECIDED AS FOLLOWS:

(a) acceding States which signed the Treaty of Accession on

16 April 2003;

Article 1

Programme objective and activities

(b) the EFTA/EEA countries, in accordance with the conditions

laid down in the EEA Agreement;

This Decision

1.
establishes
action
in
programme to promote bodies active at European level
the field of youth (hereinafter referred to as ‘the Programme’).

Community

a

2.
The general objective of the programme is to support the
activities of these bodies. These activities are the ongoing work
programme of a body, which pursues an aim of general
European interest
in the field of youth or an objective
forming part of the European Union's policy in this area. In
particular, these activities must contribute, or be capable of

(1) OJ L 248, 16.9.2002, p. 1.
(2) OJ C 172, 18.6.1999, p. 1. Agreement as last amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 19.6.2003, p. 25).

(c) Romania and Bulgaria, the conditions for participation to
be laid down in accordance with the European Agreements,
their
the
respective Association Councils;

and the decisions of

additional protocols

(d) Turkey, the conditions for participation to be laid down in
accordance with the Framework Agreement between the
European Community and the Republic of Turkey of
26 February 2002 on the general principles for the partici-
pation of
in Community
programmes (3).

the Republic of Turkey

(3) OJ L 61, 2.3.2002, p. 29.

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Participation in this programme may also be open to
2.
bodies established in the Balkan countries forming part of
the Stabilisation and Association process for countries of
South Eastern Europe (1) and to some countries of
the
in accordance with
Commonwealth of
the conditions and procedures
to be agreed with these
countries (2).

Independent States,

Article 4

Selection of beneficiaries

The programme covers two types of beneficiaries:

(a) group 1: operating grants shall be directly awarded to the
beneficiaries referred to under point 2 of the annex;

(b) group 2: operating grants shall be awarded in accordance
with the overall criteria laid down in the annex by means
of a call for proposals to the permanent activities of a body
pursuing an aim of general European interest in the field of
youth.

Article 5

Award of the grant

Article 7

Implementation

The Commission shall be responsible for, and shall regularly
inform the European Parliament, the Council and the Member
States concerning, the implementation of this programme in
accordance with the provisions set out in the annex.

Article 8

Monitoring and evaluation

No later than 31 December 2007,
the Commission shall
present to the European Parliament and the Council a report
on the achievement of the programme's objectives.

This report shall be based, inter alia, on an external evaluation
report which must be available no later than the end of 2006
and which shall appraise at least the overall pertinence and
its
effectiveness of
coherence of
the
execution (preparation,
implementation of
actions) and the overall and individual effectiveness of
the
various actions in terms of achievement of the objectives set
out in Article 1 and in the Annex.

the programme,

selection,

the

Grants under the different actions of the programme shall be
awarded in compliance with the provisions set out in the
relevant part of the Annex.

Article 9

Entry into force

Article 6

Financial provisions

This Decision shall enter into force on the day following that
of its publication in the Official Journal of the European Union.

1.
The financial framework for the implementation of the
programme for the period specified in Article 1(3) is hereby set
at EUR 13 million.

Done at . . .

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
perspective.

For the European Parliament

The President

For the Council

The President

(1) Former Yugoslav Republic of Macedonia, Albania, Serbia and

Montenegro, Bosnia and Herzegovina, and Croatia.

(2) Belarus, Moldova, Russian Federation, Ukraine.

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1.

ACTIVITIES SUPPORTED

ANNEX

The general objective laid down in Article 1 is to strengthen Community action in the field of youth and increase
its effectiveness by promoting the bodies working in this field.

1.1.

The main activities of these youth organisations that are likely to contribute to the strengthening and effec-
tiveness of Community action are as follows:

— representation of the views and interests of young people in all their diversity at Community level,

— youth exchanges and voluntary services,

— informal and non-formal learning and work programmes,

— the promotion of intercultural learning and understanding,

— debate on European matters and EU policies or youth policies,

— dissemination of information on Community action,

— actions promoting young citizens' participation and initiative.

1.2.

The main activities of the European Youth Forum are as follows:

— representing young people vis-à-vis the European Union,

— coordinating the positions of its members vis-à-vis the European Union,

— relaying information on youth to the European institutions,

— relaying information from the European Union to national youth councils and non-governmental organi-

sations,

— promoting and paving the way for young people to participate in democratic life,

— contributing to the new cooperation framework in the youth field which it has been decided to establish at

the level of the European Union,

— contributing to the development of youth policies, youth work and educational opportunities and to relaying
information concerning young people and developing representative structures for young people throughout
Europe,

— engaging in discussion and reflection on youth in Europe and other parts of the world and on the European

Union's action to assist young people.

2.

IMPLEMENTATION OF THE ACTIVITIES SUPPORTED

The activities carried out by the bodies eligible for Community funding under the programme fall within one of
the following areas:

2.1.

Part 1: Support for the European Youth Forum

2.1.1. Grants may be awarded under this part to support the permanent activities of the European Youth Forum, a body
pursuing an aim of general European interest whose members are the national youth councils and the inter-
national non-governmental youth organisations, in conformity with the following principles:

— independence of the European Youth Forum in the selection of its members ensuring the broadest possible

representation of different types of youth organisations,

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— autonomy of the European Youth Forum in the detailed specification of its activities, in conformity with

section 1.2,

— broadest possible involvement in the European Youth Forum's activities of non-member youth organisations

and young people who do not belong to organisations,

— active contribution by the European Youth Forum to the political processes relevant to youth at European
level, in particular by responding to the European institutions when they consult civil society and explaining
the positions adopted by these institutions to its members,

— geographic membership coverage extending to the countries mentioned in Article 3.

2.1.2. Under part 1, the eligible expenditure of the European Youth Forum comprises operating costs and expenses for

carrying out its actions.

2.1.3. The grant to the European Youth Forum shall not fund all its eligible expenditure in the calendar year for which
it is awarded. At least 20 per cent of the Forum's budget must be co-financed from non-Community sources.
Such co-financing may be partly or wholly contributed in kind, provided the contribution is valued at no more
than the cost actually incurred and evidenced by accounting documents or the cost generally accepted on the
market in question.

2.1.4. Pursuant to Article 113(2) of the Financial Regulation the principle of gradual reduction shall not apply to
operating grants to the European Youth Forum, since it is a body pursuing an objective of general European
interest.

2.1.5. In view of the need to ensure continuity of the European Youth Forum, the programme resources shall be
allocated in accordance with the following guideline: the resources allocated under part 1 shall be not less than
EUR 2 million.

2.1.6. Grants may be awarded to the Youth Forum upon receipt of an appropriate work plan and budget. Grants may

be awarded on an annual basis within a framework partnership agreement with the Commission.

2.2.

Part 2: Support for permanent activities of bodies pursuing an aim of general European interest in the field of youth or an
objective forming part of the European Union's policy in this area

2.2.1. Grants may be awarded under this part to support operational and administrative costs of the abovementioned

bodies. This may relate to:

(a) a non-profit-making body whose activities are solely for the benefit of young people or a body with wider
aims, part of whose activities are solely for the benefit of young people; in either case, the body must involve
young people in managing the activities conducted for their benefit;

(b) a European network representing non-profit-making bodies working for the benefit of young people and

involving young people in their activities.

An annual operating grant may be awarded to support the conduct of the permanent work programme of such a
body.

2.2.2. Under part 2, the only costs to be taken into account in determining the operating grant shall be those necessary
for the proper conduct of the normal activities of the body selected, in particular personnel costs, overheads
(rental and property charges, equipment, office supplies, telecommunications, postal charges, etc.), costs of
internal meetings, and publication, information and dissemination costs.

2.2.3. An operating grant under part 2 shall not fund all the body's eligible expenditure in the calendar year for which
it is awarded. At least 20 per cent of the budgets of the bodies covered by this part must be co-financed from
non-Community sources. The co-financing rate shall be determined each year in the call for proposals. Such
co-financing may be partly or wholly contributed in kind, provided the contribution is valued at no more than
the cost actually incurred and evidenced by accounting documents or the cost generally accepted on the market
in question.

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2.2.4. Pursuant to Article 113(2) of the Financial Regulation operating grants so awarded, if renewed, shall be gradually
decreased. This reduction shall apply from the third year onwards, at a rate of 2,5 % per year. In order to observe
this rule, which applies without prejudice to the co-financing rule mentioned above,
the percentage of
Community co-financing corresponding to the grant awarded for a given financial year shall be at least 2,5
points below the percentage of Community co-financing corresponding to the grant awarded for the previous
financial year.

2.2.5. The bodies receiving operating grants under part 2 shall be selected on the basis of calls for proposals.

With the bodies so selected framework partnership agreements may be concluded for the duration of the
programme. The specific grants based on the framework agreements shall be awarded in accordance with the
procedures laid down in these agreements.

However the framework agreements shall not exclude annual calls for proposals for additional beneficiaries.

3.

CRITERIA FOR THE ASSESSMENT OF FUNDING APPLICATIONS

3.1.

Funding applications shall be assessed in the light of:

— their consistency with the programme objectives,

— the quality of the planned activities,

— the likely multiplier effect on young people of these activities,

— the geographic impact of the activities carried out,

— the involvement of young people in the organisation of the bodies concerned.

3.2.

The Commission shall give applicants the opportunity to correct errors of form within a specified period after the
submission of their application.

4.

TRANSPARENCY

Any beneficiary of a grant awarded under any action of this programme shall indicate in a prominent place, such
as a website homepage or an annual report, that it has received funding from the budget of the European Union.

5.

MANAGEMENT OF THE PROGRAMME

In the light of a cost/benefit analysis, the Commission may decide to entrust all or part of the tasks of managing
the programme to an executive agency, in conformity with Article 55 of the Financial Regulation; it may also
have recourse to experts and incur any other expenditure on technical and administrative assistance, not
It may also finance
involving the exercise of public authority, outsourced under ad hoc service contracts.
the programme, and
studies and organise meetings of experts likely to facilitate the implementation of
the
undertake information, publication and dissemination actions directly linked to the achievement of
programme's objective.

6.

CHECKS AND AUDITS

6.1.

6.2.

The beneficiary of an operating grant shall keep available for the Commission all the supporting documents,
including the audited financial statement, regarding expenditure incurred during the grant year, for a period of
five years following the last payment. The beneficiary of a grant shall ensure that, where applicable, supporting
documents in the possession of partners or members be made available to the Commission.

The Commission may have an audit of the use made of the grant carried out either directly by its own staff or by
any other qualified outside body of its choice. Such audits may be carried out throughout the lifetime of the
agreement and for a period of five years from the date of payment of the balance. Where appropriate, the audit
findings may lead to recovery decisions by the Commission.

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6.3.

6.4.

6.5.

Commission staff and outside personnel authorised by the Commission shall have appropriate right of access, in
particular to the beneficiary's offices and to all the information,
including information in electronic format,
needed in order to conduct such audits.

The Court of Auditors and the European Anti-Fraud Office (OLAF) shall enjoy the same rights, especially of
access, as the Commission.

In order to protect the European Communities' financial
interests against fraud and other irregularities, the
Commission may carry out on-the-spot checks and inspections under this programme in accordance with
Council Regulation (Euratom, EC) No 2185/96 (1). Where necessary, investigations shall be conducted by the
European Anti-Fraud Office (OLAF) and these shall be governed by Regulation (EC) No 1073/1999 of the
European Parliament and of the Council (2).

6.6. Wherever no regulation is specified in this basic act, the Financial Regulation and its rules for implementation

shall apply.

(1) OJ L 292, 15.11.1996, p. 2.
(2) OJ L 136, 31.5.1999, p. 1.

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STATEMENT OF THE COUNCIL'S REASONS

I. INTRODUCTION

1. On 4 June 2003 the Commission submitted to the European Parliament and the Council a proposal
the EC Treaty, establishing a Community action

for a decision, based on article 149(4) of
programme to promote bodies active at European level in the field of youth.

2. The European Economic and Social Committee delivered its opinion on 24 September 2003.

3. The Committee of the Regions decided not to deliver an opinion.

4. The European Parliament delivered its opinion on 6 November 2003.

5. In the light of the European Parliament's opinion the Commission will submit an amended proposal

for decision.

6. On 22 December 2003, the Council adopted its common position in accordance with Article 251(2)

of the EC Treaty.

II. AIM OF THE PROPOSAL

The proposal aims to support the activities of bodies pursuing an aim of general European interest in
the field of youth or an objective forming part of the European Union's policy in this area.

1. GENERAL COMMENTS

In its common position the Council has approved the Commission's proposal in principle, while
making certain amendments which it thought desirable.

2. SPECIFIC COMMENTS

2.1. Amendments made by the Council to the Commission's proposal

2.1.1. Budget (Article 6)

The budget has been set at EUR 13 million by the budgetary authority.

2.1.2. Implementation (Article 7)

A standard article has been introduced to clarify the Commission's role in the implemen-
tation of the programme, which also refers to regular reporting by the Commission to the
Council and the Parliament.

2.1.3. Specification of the beneficiaries (Annex part 2: Implementation of the activities supported)

This section of the annex has been restructured to distinguish more clearly the two categories
of beneficiaries: (i) the European Youth Forum, which is a body pursuing an aim of general
European interest and the recipient of a grant to support its permanent activities and (ii)
bodies pursuing an aim of general European interest in the field of youth which receive
grants to support operational and administrative costs selected on the basis of calls for
proposals. This reflects the distinction set out in Article 4 (Selection of beneficiaries) (cf.
European Parliament amendment 10).

2.1.4. Other questions

The Council has introduced other modifications or clarifications, as appropriate:

— Application of the Financial Regulation and its rules for implementation (Annex 6.6)

— Participation of countries outside the Union (Article 3)

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2.2.

European Parliament amendments

2.2.1. Parliament amendments adopted by the Commission

The Commission adopted in full, in part or in essence 16 of the 20 amendments adopted by
the Parliament.

2.2.2. Parliament amendments adopted by the Council

The Council adopted in full, in part or in essence 13 of the amendments adopted by the
Parliament and adopted by the Commission. Those amendments are 1, 2, 3, 5, 6, 7, 9, 10,
12, 13, 16, 17 and 20.

2.2.3. Parliament amendments not adopted by the Council

In addition to the amendments not adopted by the Commission, and which were not
accepted by the Council, the Council did not accept the following amendments for the
reasons stated: 11, 14, 18 and 19.

— Amendment 11

Financial provisions (Article 6)

Since, in the case of this proposal, the final decision on the financial framework falls
within the competence of the budgetary authority, this amendment was not accepted.

— Amendments 14

Percentage of resources allocated to the European Youth Forum (Annex: action 1, point
2.1.5).

The Council did not accept this amendment which modifies the percentage allocated to
the European Youth Forum since this is linked to the overall budget of the programme.

— Amendments 18 and 19

Degressivity and international youth organisations

The Council has not accepted that the principle of gradual reduction (degressivity) should
not be applied to international youth organisations.

III. CONCLUSIONS

The Council considers that its common position constitutes a balanced text, which will provide the
necessary support for the activities of bodies in the field of youth over the period concerned, also in
view of future Community action in this area.