2004/100/EC: Council Decision of 26 January 2004 establishing a Community action programme to promote active European citizenship (civic participation)
Date: 2004-01-26
Institutions: Council of the European Union
Subjects: European citizenship, European integration, action programme, drafting of EU law

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II

(Acts whose publication is not obligatory)

COUNCIL

COUNCIL DECISION

of 26 January 2004

establishing a Community action programme to promote active European citizenship (civic
participation)

(2004/100/EC)

THE COUNCIL OF THE EUROPEAN UNION,

Having regard to the Treaty establishing the European Com-
munity, and in particular Article 308 thereof,

Having regard to the proposal from the Commission,

Having regard to the opinion of the European Parliament (1),

Whereas:

(1)

(2)

(3)

The Treaty establishes citizenship of the Union, which
complements and does not replace national citizenship,
and which is to be promoted with due regard for subsi-
diarity.

The Community and the Member States have as their
objectives
improved
the promotion of employment,
living and working conditions, proper social protection,
the development of human resources with a view to
lasting high employment and the combating of exclu-
sion.

Effective and uniform application of Community law is a
new priority, which is indispensable to the proper func-
tioning of the internal market. The Tampere European
Council of 15 and 16 October 1999 stressed that an
area of freedom, security and justice should be based on
the principles of transparency and democratic control,
involving an open dialogue with civil society on the
aims and principles of this area. The Association of the
Councils of State and Supreme Administrative Juris-
dictions of the European Union promotes exchanges of
views and experience on these matters and coordinates
and relays to the public the judicial decisions of the
Councils of State with regard to Community law.

(4)

(5)

(6)

(7)

The European Parliament, in its resolution of 15 April
1988 (2), considered it desirable that a major effort be
undertaken to step up contacts between citizens of
different Member States and stated that specific support
from the Community institutions for the development of
twinning schemes between communes or
towns in
different Member States is both rational and desirable.

The European Council of Nice in December 2000, in its
Declaration 23, recognised the need to improve and to
monitor the democratic legitimacy and transparency of
the Union and its institutions, in order to bring them
closer to the citizens of the Member States. The social
policy agenda adopted at Nice is based on a new form
of governance underlining the role of civil dialogue as
an essential part in promoting cooperation with civil
society. The agenda provides that the non-governmental
organisations, such as the Platform of European social
non-governmental organisations, are closely associated
with the development of inclusive policies and equal
opportunities for all.

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 how to bring citizens closer to
the European design and the European institutions.

Headings A-321, A-3020, A-3021, A-3024, A-3026, A-
3036 and B3-305 of the general budget of the European
Union for the financial year 2003 and previous financial
years have proved their worth in promoting a sustained
dialogue with civil society organisations and municipali-
ties on the building of Europe.

(1) Opinion delivered on 20 November 2003 (not yet published in the

Official Journal).

(2) OJ C 122, 9.5.1988, p. 38.

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(8)

(9)

(10)

(11)

(12)

(13)

(14)

that,

in the

The Council reaffirms its belief in the need to continue
supporting town-twinning schemes, given the important
role that they can play in promoting civic identity and
mutual understanding between the people of Europe. It
stresses
the multiannual
programme, an appropriate budget for, and continued
promotion of, town-twinning schemes should be guaran-
teed, as the European Parliament has insisted every year
in the budgetary procedure. It further stresses that it is
essential to make the application procedure for, and
administration of, town-twinning schemes comprehen-
sible and bring them closer to the citizens.

context of

The ‘Our Europe’ Association takes the form of a think
tank of personalities representative of European society
and the political, social, economic and scientific worlds
to act as a marketplace for ideas promoting a closer
European Union; as such, it pursues an aim of general
European interest.

The Jean Monnet and Robert Schuman houses are
meeting places for the people of Europe, the aim being
to set the pioneers and pioneering activities of European
integration in the context in which two of the founding
fathers of Europe lived and worked, and to provide
information on today's and tomorrow's Europe; as such,
these organisations pursue an aim of general European
interest.

The European Council on Refugees and Exiles represents
the organisations of refugees and displaced persons vis-
à-vis the European Union, promoting the principles and
policies contributing to the objectives of the Treaty as
regards asylum and combating social exclusion.

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

The European Parliament, the Council and the Commis-
sion undertook, at the time of the adoption of the Finan-
cial Regulation, to achieve the objective of ensuring that
this basic act enters into force as from the financial year
2004. The Commission undertook to take into account
the remarks entered in the budget in the context of
implementation.

The Interinstitutional Declaration of 24 November 2003
on the basic acts for grants of the European Parliament,
the Council and the Commission provides, on an excep-
tional basis,
transitional clauses concerning the
period of eligibility of expenditure to be introduced in
this programme.

for

(1) OJ L 248, 16.9.2002, p. 1.

(15)

(16)

This Interinstitutional Declaration also provides for tran-
sitional measures
the
programme to be introduced for the years 2004 and
2005.

for grants under part 2 of

Provision should be made for the geographic coverage
of the programme to extend to the acceding Member
States, and possibly, in the case of certain actions, to the
EFTA/EEA countries and the candidate countries.

(17) A financial reference amount, within the meaning of
point 34 of the Interinstitutional Agreement of 6 May
1999 between the European Parliament, the Council and
the Commission on budgetary discipline and improve-
ment of the budgetary procedure (2), is included in this
Decision for the entire duration of
the programme,
without thereby affecting the powers of the budgetary
authority as they are defined by the Treaty.

(18) Any non-Community financing from State resources
must comply with Articles 87 and 88 of the Treaty.

(19)

Entities whose actions are not compatible with the
objectives of the European Union and its Member States
in the areas of public order and public security should
be excluded from the benefits of this programme.

(20) Any support granted pursuant to this Decision should
comply strictly with the principles of subsidiarity and
proportionality,

HAS DECIDED AS FOLLOWS:

Article 1

Programme objective

This Decision

1.
action
programme to support bodies working in the field of active
European citizenship and to promote actions in this field.

Community

establishes

a

The programme shall have the following objectives:

(a) to promote and disseminate the values and objectives of

the European Union;

(b) to bring citizens closer to the European Union and its insti-
tutions and to encourage them to engage more frequently
with its institutions;

(c) to involve citizens closely in reflection and discussion on

the construction of the European Union;

(2) OJ C 172, 18.6.1999, p. 1. Agreement as amended by Decision
2003/429/EC of the European Parliament and of the Council (OJ L
147, 14.6.2003, p. 25).

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(d) to intensify links and exchanges between citizens from the
countries participating in the programme, notably by way
of town-twinning arrangements;

(e) to stimulate initiatives by the bodies engaged in the promo-

tion of active and participatory citizenship.

The activities

2.
supported by the programme seek to
support the operation and to promote the actions of the bodies
pursuing the programme's objectives in accordance with the
criteria set out in the Annex.

The programme shall start on 1 January 2004 and shall

3.
end on 31 December 2006.

Article 4

Selection of beneficiaries

1.
Operating grants for the ongoing work programme of a
body pursuing an aim of general European interest in the field
of active citizenship, or an objective forming part of the Euro-
pean Union's activities in this area, shall be awarded in accord-
ance with the overall criteria laid down in the Annex.

Grants for actions specified in the programme shall be
2.
awarded in accordance with the overall criteria laid down in
the Annex. Actions shall be selected by means of a call for
proposals.

Article 2

Access to the programme

To be eligible for a Community grant for an action, bodies
shall satisfy the requirements set out in the Annex.

The action concerned must be in accordance with the princi-
ples underlying Community activity in the field of active
citizenship.

To be eligible for an operating grant for the ongoing work
programme of a body pursuing an aim of general European
interest in the field of active citizenship or an objective forming
part of the European Union's activities in this area, bodies shall
satisfy the requirements of the Annex and be so structured as
to accommodate actions having a potential impact throughout
the European Union.

Article 3

Access to the programme for the acceding States, the
EFTA/EEA countries and the candidate countries for acces-
sion to the European Union

Participation in actions under the programme may be opened
to bodies established in:

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

on 16 April 2003;

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

laid down in the EEA Agreement;

(c) Romania and Bulgaria, the conditions for participation for
which to be laid down in accordance with the Europe
Agreements, their additional protocols and the decisions of
the respective Association Councils;

(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 on the
general principles for the participation of the Republic of
Turkey in Community programmes (1).

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

Article 5

Award of the grant

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

Article 6

Financial provisions

The financial reference amount for the implementation of this
programme for the period 2004 to 2006 shall be EUR 72
million.

The annual appropriations shall be authorised by the budgetary
authority within the limits of the financial perspective.

Article 7

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 coherence of
the programme, the effectiveness of its execution (preparation,
selection, implementation of the 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.

Article 8

Final provisions

For grants awarded in 2004 under sections 1 and 2 of the
Annex, it will be possible for the period of eligibility of expen-
diture to start on 1 January 2004, provided that the expendi-
ture does not precede the date on which the grant application
was lodged or the date on which the beneficiary's budget year
starts.

For such grants, on an exceptional basis,
the agreements
referred to in Article 112(2) of the Financial Regulation can be
signed not later than 30 June 2004.

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Article 9

Taking effect

This Decision shall take effect on the day following that of its publication in the Official Journal of the Euro-
pean Union.

It shall apply from 1 January 2004.

Done at Brussels, 26 January 2004.

For the Council

The President

B. COWEN

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1.

Activities supported

ANNEX

The general objective laid down in Article 1 is to support work in the field of active European citizenship by
promoting the actions and operation of the bodies working in this field.

This support takes the form of one of two types of grant:

— either an operating grant to co-finance expenditure associated with the permanent work programme of a
body which pursues an aim of general European interest in the field of active European citizenship or an
objective forming part of the European Union's activities in this area (Parts 1 and 2),

— or a grant to co-finance a specific action in this area (Part 3).

Actions of civil society bodies and other structures such as municipalities and organisations of such bodies
working at European level in the field of active citizenship which may contribute to supporting Community
activity and making it more effective are, in particular:

— multinational cooperation actions at European level,

— meetings and debates among citizens on themes of European interest, such as the values, objectives, powers,

policies and institutions of the European Union,

— informal reflection, education and training projects,

— actions promoting citizens' participation and initiative,

— exchanges between citizens and their organisations,

— dissemination of information on Community action,

— preparation, back-up and evaluation of the actions funded.

The main activities of the Platform of European social NGOs are as follows:

— helping to shape EU policies on matters of common interest to its members, especially in connection with

social rights, EU social policies and programmes and civil dialogue,

— keeping its members informed of the development of Community policy relevant to them, facilitating the
process of dialogue and consultation of its members with the EU institutions and, through its members,
relaying these activities at national level,

— promoting dialogue with other groupings working on issues of common interest (social partners, other Euro-

pean groupings of NGOs, NGOs in the candidate countries, etc.),

— strengthening social NGOs in the European Union and in the candidate countries, e.g. by exchange of experi-

ence, practice and information among the members of the Platform.

The main activities of the European Council on Refugees and Exiles are as follows:

— representing the organisations of refugees, asylum seekers and displaced persons vis-à-vis the European

Union,

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

— relaying information on refugees, asylum seekers and displaced persons to the European institutions,

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

sations,

— contributing to the exchange of information and good practice,

— engaging in discussion and reflection on refugees, asylum seekers and displaced persons in Europe and on the

European Union's action to assist such persons,

— raising European public awareness through the network of member organisations,

— promoting participation and initiative on the part of refugees, asylum seekers and displaced persons.

The purpose of the Association of the Councils of State and Supreme Administrative Jurisdictions of the European
Union is to facilitate coordination and relay to the public the judicial decisions of the Councils of State and
Supreme Administrative Jurisdictions with regard to Community law and to facilitate the pooling of methods of
transposing and implementing European law at national level.

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This programme also covers the Commission's actions relating to the creation, promotion and management of
the think tanks operating in the field of active citizenship and European integration and the organisation of
related events.

2.

Implementation of the activities supported

2.1.

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

2.1.1. Part 1: permanent work programmes of the following bodies pursuing an aim of general European interest in the

field of active European citizenship:

— ‘Our Europe’ Association,

— Jean Monnet house,

— Robert Schuman house,

— Platform of European social NGOs,

— European Council on Refugees and Exiles (ECRE),

— Association of the Councils of State and Supreme Administrative Jurisdictions of the European Union.

2.1.2. Part 2: permanent work programme of a body pursuing an aim of general European interest in the field of active

European citizenship or an objective forming part of the European Union's policy in this area.

This may relate to:

— a non-profit body working to assist citizens active in these bodies,

— a European multiplier network of non-profit bodies active in the States participating in the programme and

promoting the principles and policies contributing to the objectives in this area,

— a body pursuing an objective forming part of the European Union's policy in the field of active citizenship,

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

2.1.3. Part 3:

(a) actions in the field of active European citizenship, conducted in particular by non-governmental organisa-
tions, associations and federations of European interest or cross-industry trade unions; by way of derogation
from Article 114 of the Financial Regulation, cross-industry trade unions participating in the European social
dialogue are eligible under this part even if they do not have a legal personality;

(b) actions to promote town twinning instigated by municipalities, local and regional communities and bodies,

local and regional authorities and organisations thereof.

2.2. Having regard to the quality and quantity of funding applications, the following guidelines shall be taken into

account when allocating the programme's resources:

— resources to be committed under Part 3a shall not be less than 20 per cent of the annual budget available for

this programme,

— resources to be committed under Part 3b shall not be less than 40 per cent of the annual budget available for

this programme.

3.

Selection of beneficiaries

3.1. An operating grant may be awarded directly to bodies working in the field of active European citizenship under

Part 1 of the programme upon approval of an appropriate workplan and budget.

3.2.

In order to award the grants under Part 2 of the programme, the Commission shall publish calls for proposals.

However, in 2004 and 2005, by way of derogation from the first subparagraph, grants may be awarded to the
organisations mentioned in the Appendix hereto.

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In all cases, all requirements of the Financial Regulation, its implementing rules and the basic act apply.

When a call is published, any priorities as to the themes and types of activity contributing to the general objective
of the programme may be indicated, and if the activities are of multiannual duration, this may also be stated.

3.3.

Bodies entitled to receive a grant for specific action under Part 3 of the programme will be selected on the basis
of calls for proposals. The Commission shall ensure that the call for proposals is ‘customer friendly’ and does not
represent an insurmountable bureaucratic burden. Wherever appropriate, the call for proposals shall be organised
in two steps with the first step requiring only the submission of limited documentation strictly necessary for the
assessment of the proposal. As regards cross-industry trade unions participating in the European social dialogue,
the call for proposals may take the form of a restricted invitation.

4.

Criteria for the assessment of funding applications

Funding applications shall be assessed in the light of:

— consistency with the programme objectives,

— quality of the planned activities,

— likely multiplier effect on the public of these activities,

— geographic impact of the activities carried out,

— citizen involvement in the organisation of the bodies concerned,

— cost/benefit ratio of the activity proposed (1).

5.

Funding and eligible expenditure

5.1. Under Part 1, the eligible expenditure of the bodies in question comprises operating costs and expenses for

carrying out their actions.

5.2. Grants to these bodies shall not fund all their eligible expenditure in the calendar year for which they are
awarded: at least 10 per cent of the bodies' budgets must be co-financed from non-Community sources. Such co-
financing may be partly 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 obtaining on the market in question.

5.3.

Pursuant to Article 113(2) of the Financial Regulation, the principle of gradual reduction shall not apply to oper-
ating grants to these bodies, since they are bodies pursuing an objective of general European interest.

5.4. 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, publication, information and dissemination costs and costs directly linked to the body's activ-
ities.

5.5. 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. Such co-financing may be partly 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
obtaining on the market in question.

5.6.

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 cent 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.

5.7.

For the award of grants under Part 3, fixed rates may be applied for organisation costs and travel expenses.

(1) It is the responsibility of the beneficiaries to apply an appropriate monitoring and evaluation framework.

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6.

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 accordance 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 invol-
ving the exercise of public authority, outsourced under ad hoc service contracts. It may also finance studies and
organise meetings of experts likely to facilitate the implementation of the programme, and undertake informa-
tion, publication and dissemination actions directly linked to the achievement of the programme's objective.

The Commission shall have a regular exchange of views with representatives of current and potential beneficiaries
of the action programme.

7.

Acknowledgement of funding

Any institution, association or activity receiving a grant from this programme has the obligation to acknowledge
the support received from the European Union. To this end the Commission shall lay down detailed visibility
guidelines.

8.

Dissemination of results

In order to facilitate the dissemination of results, as many of the products as possible financed by this programme
shall be made available electronically free of charge.

9.

Checks and audits

9.1.

9.2.

9.3.

9.4.

9.5.

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.

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 Euro-
pean Parliament and of the Council (2).

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

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Appendix

— International Secretariat of the Union of European Federalists

— Council of European Municipalities and Regions

— European Citizens Action Service

— European Institute for Advanced Studies in Management

— Centre for European Studies in Strasbourg

— College of Europe in Hamburg

— ‘Soul for Europe’

— Fair Trials Abroad

— Intercultural Leadership School

— CEJI (Centre européen juif d'information)

— European Academy of Sciences and Arts

— Europäisches Übersetzer-Kollegium Straelen

— Festival of Europe, 9 May

— Association européenne des représentants territoriaux

— Meeting for Friendship among Peoples Association

— Institute of European Affairs (Dublin)

— Centre for European Not-for-profit Organisations

— Institut für Europäische Politik (Berlin)

— European Institute of International Relations (IERI)

— European Academy of the Urban Environment in Berlin

— Trans-European Policy Studies Association (ADEPT)

— Centre for European Policy Studies (CEPS)

— European Policy Centre (EPC)

— Friends of Europe

— International European Movement