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 Interoperable Delivery of pan-European eGovernment Services to Public Administrations, Businesses and Citizens (IDABC) amending the proposal of the Commission pursuant to Article 250 (2) of the EC Treaty
Date: 2004-03-26
Institutions: European Commission
Subjects: EU programme, data transmission, electronic government, provision of services, telematics, transmission network

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 26.3.2004 
COM(2004) 219 final 

2003/0147 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 Interoperable Delivery of pan-European eGovernment Services 
to Public Administrations, Businesses and Citizens (IDABC) 

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

EN 

   EN 

 
 
 
  
 
 
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 Interoperable Delivery of pan-European eGovernment Services 
to Public Administrations, Businesses and Citizens (IDABC) 

1. 

INTRODUCTION 

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

2. 

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BACKGROUND 

On 8 July 2003, the Commission transmitted to the European Parliament and to the 
Council its proposal for a decision [COM(2003) 406 final – 2003/0147 (COD)]. 

In  the  first  reading,  the  European  Parliament  delivered  its  opinion  with  five 
amendments on 18 November 2003. 

The Commission accepted all amendments of the European Parliament and modified 
orally its proposal accordingly on 18 November 2003. 

The Council adopted its Common Position unanimously on 18 December 2003. 

On  12 January 2004,  the  Commission  adopted  its  Communication  to  the  European 
Parliament on the Council’s Common Position, pursuant to the second subparagraph 
of Article 251(2) of the EC Treaty. 

On  11 March 2004,  the  European  Parliament  adopted,  at  the  second  reading,  a 
resolution containing three amendments to the Common Position. 

3. 

PURPOSE OF THE PROPOSAL 

The purpose of the Commission Proposal is to identify, support and promote the development 
and  establishment  of  pan-European  eGovernment  services  and  the  underlying  interoperable 
telematic networks supporting the Member States and the Community in the implementation, 
within their respective areas of competence, of Community policies and activities, achieving 
substantial benefits for public administrations, businesses and citizens. 

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4. 

OPINION  OF  THE  COMMISSION  ON  THE  AMENDMENTS  BY  THE  EUROPEAN 
PARLIAMENT 

The  Commission  accepts  the  three  amendments  made  by  the  European  Parliament  at  the 
second reading. The amendments are in line with the objectives of the Commission’s original 
proposal and the Common Position, complementing and clarifying the text. 

4.1. 

Amendments accepted by the Commission 

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Amendment 1  adds  “and  Directive 2002/58/EC  of  the  European  Parliament  and  of 
the  Council  of  12 July 2002  concerning  the  processing  of  personal  data  and  the 
protection of privacy in the electronic communication sector” to Recital 15, thereby 
pointing to another important directive. 

Amendment 2  adds  “and  policies” 
“eInclusion” is not a programme. 

to  Article 6(7), 

thereby  clarifying 

that 

Amendment 3  adds,  in  Article 10(8),  “31 December 2006”  as  the  date  by  which 
mechanisms  to  ensure  the  financial  and  operational  sustainability  of  infrastructure 
services shall be defined and agreed, thereby allowing the Commission to take into 
account  the  results  of  the  first  evaluation  of  the  implementation  of  the  Decision 
before proposing such mechanisms. 

4.2. 

Amendments rejected by the Commission 

No amendments have been rejected by the Commission. 

5. 

CONCLUSION 

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

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