Decision No 792/2004/EC of the European Parliament and of the Council of 21 April 2004 establishing a Community action programme to promote bodies active at European level in the field of culture
Date: 2004-04-21
Institutions: Council of the European Union, European Parliament
Subjects: EU programme, action programme, aid system, cultural organisation

L 138/40

EN

Official Journal of the European Union

30.4.2004

DECISION No 792/2004/EC OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL

of 21 April 2004

establishing a Community action programme to promote bodies active at European level in the
field of culture

THE EUROPEAN PARLIAMENT AND THE COUNCIL OF THE
EUROPEAN UNION,

Having regard to the Treaty establishing the European
Community, and in particular Article 151(5) thereof,

Having regard to the proposal from the Commission,

Having consulted the Committee of the Regions,

Acting in accordance with the procedure laid down in Article
251 of the Treaty (1),

Whereas:

(1)

(2)

(3)

The Treaty confers responsibility on the Community for
creating an ever-closer union among the peoples of
Europe and for contributing to the flowering of the
cultures of the Member States, while respecting their
national and regional diversity and at the same time
bringing the common cultural heritage to the fore.

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

The Council and the Ministers of Culture meeting within
the Council, in the Resolution of 14 November 1991 on
European cultural networks (2), stressed the important
role of networks of cultural organisations in cultural
cooperation in Europe, and agreed to encourage the
cultural organisations in their countries to participate
actively
a
European scale.

non-governmental

cooperation

on

in

(1) Opinion of the European Parliament of 6 November 2003 (not yet
published in the Official Journal). Council Common Position of 22
December 2003 (OJ 72 E, 23.3.2004, p. 10), Position of
the
European Parliament of 10 March 2004 (not yet published in the
Official Journal) and Decision of the Council of 30 March 2004.

(2) OJ C 314, 5.12.1991, p. 1.

(4)

(5)

(6)

(7)

(8)

(9)

The Council Resolution of 19 December 2002 (3)
expressed how the European added value of cultural
actions can be identified and evaluated.

Heading A-3042 of the general budget of the European
Union for the financial year 2003 and previous financial
years provides support for organisations of European
cultural interest.

Further to the resolutions of the European Parliament
on regional languages and cultures, the European Union
has engaged in action to promote and safeguard the
in order to preserve
linguistic diversity in the Union,
in Europe's living cultural
languages as an element
heritage.

the

request of

the European Parliament,

At
the
Commission has provided support since 1982 for a
non-profit-making body,
the European Bureau for
Lesser-Used Languages (EBLUL), which is organised as a
network of national committees working in the Member
States, and since 1987 for the Mercator information and
documentation network. These pursue an aim of general
European interest: EBLUL represents all
regional or
minority language communities in the European Union
European information in these
and
communities;
and
Mercator
documentation network collects and disseminates at
European level information on three aspects which are
to the promotion of regional and minority
essential
languages: education, legislation and the media.

disseminates

information

the

Heading A-3015 of the general budget of the European
Union for the financial year 2003 and previous financial
years provides support for these two bodies.

On 11 February 1993, the European Parliament adopted
a resolution on European and international preservation
of the sites of Nazi concentration camps as historical
memorials (4).

(3) OJ C 13, 18.1.2003, p. 5.
(4) OJ C 72, 15.3.1993, p. 118.

30.4.2004

EN

Official Journal of the European Union

L 138/41

(10) Heading A-3035 of the general budget of the European
Union for the financial year 2003 and previous financial
years provides support for the preservation of the sites
of Nazi concentration camps as historical memorials.

(11)

(12)

(13)

(14)

Council Regulation (EC, Euratom) No 1605/2002 of 25
June 2002 on the Financial Regulation applicable to the
the European Communities (1),
general budget of
hereinafter ‘the Financial Regulation', requires a basic act
to be provided to cover these existing support actions.
The Commission undertook to take into account the
remarks entered in the budget
in the context of
implementation.

the Council

European Parliament,

The
the
Commission, when adopting the Financial Regulation,
undertook to achieve the objective of ensuring that this
basic act comes into force as from the financial year
2004.

and

It is necessary to ensure appropriate funding stability
and continuity, within the framework of the Financial
Regulation,
to which the European
Community has granted financial support over previous
years.

institutions

for

this Community programme.

Transitional arrangements are deemed necessary for the
years 2004 and 2005 to allow grants to be awarded
under part 2 of
is
the exception
deemed appropriate to make use of
mentioned
of Commission
in Article
Regulation (EC, Euratom) No 2342/2002 (2) which
allow grants to be awarded without a call for proposals
to bodies identified by a basic act as recipients of a
grant.

168(1)(d)

It

(17)

(18)

The measures necessary for the implementation of this
Decision should be adopted in accordance with Council
Decision 1999/468/EC of 28 June 1999 laying down
the procedures for the exercise of implementing powers
conferred on the Commission (4).

It is necessary to evaluate the content of actions and, in
particular, the European added value of the activities
planned by the beneficiaries eligible for a grant; such an
evaluation may be best
carried out by using a
management committee.

(19) Any support granted under this Decision should comply
and

subsidiarity

principles

the

of

strictly with
proportionality,

HAVE DECIDED AS FOLLOWS:

Article 1

Programme objective and activities

This Decision

1.
action
programme to promote bodies active at European level in the
field of culture (hereinafter referred to as ‘the programme').

Community

establishes

a

(15) Any non-Community financing from State resources

should comply with Articles 87 and 88 of the Treaty.

(16)

This Decision lays down, for the entire duration of the
programme, a financial
framework constituting the
prime reference, within the meaning of point 33 of the
Interinstitutional Agreement of 6 May 1999 between the
European Parliament, the Council and the Commission
on budgetary discipline
the
budgetary procedure (3),
the budgetary authority
during the annual budgetary procedure.

and improvement of

for

The general objective of the programme is to support the

2.
activities of these bodies.

The programme covers the following activities:

(a)

the ongoing work programme of a body which pursues an
aim of general European interest in the field of culture or
an objective forming part of the European Union's policy
in this area;

(1) OJ L 248, 16.9.2002, p. 1.
(2) Commission Regulation (EC, Euratom) No 2342/2002 of 23
December 2002 laying down detailed rules for the implementation
of Council Regulation (EC, Euratom), No 1605/2002 on the
Financial Regulation applicable to the general budget of
the
European Communities (OJ L 357, 31.12.2002, p. 1).

(3) 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, 14.6.2003, p. 25).

(b) a specific action in this area.

These activities must contribute, or be capable of contributing,
to the development and implementation of Community
cooperation policy and actions in the field of culture.

(4) OJ L 184, 17.7.1999, p. 23.

L 138/42

EN

Official Journal of the European Union

30.4.2004

The programme shall start on 1 January 2004 and shall

3.
end on 31 December 2006.

Article 5

Financial provisions

Article 2

Access to the programme

To be eligible for a grant, a body must satisfy the requirements
of Annex I and have the following characteristics:

(a)

it must be an independent and non-profit-making legal
person primarily active in the field of culture, with an
objective aimed at the public good;

(b)

it must have been legally established for more than two
years and have had its annual statement of accounts for
the two preceding years certified by a registered auditor;

(c)

its activities must be in accordance with the principles
underlying Community action in the field of culture and
take account of the priorities set out in Annex I.

Article 3

Selection of beneficiaries

Operating grants for the ongoing work programme of a
1.
body pursuing an aim of general European interest in the field
of culture or an objective forming part of
the European
Union's policy in this area shall be awarded in accordance with
the overall criteria laid down in Annex I.

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

Article 4

Award of the grant

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

The financial framework for the implementation of the
1.
programme for the period specified in Article 1(3) is hereby
set at EUR 19 million.

The annual appropriations shall be authorised by the
financial

authority within the

limits of

the

2.
budgetary
perspective.

Article 6

Implementing measures

1.
The measures necessary for the implementation of this
Decision relating to the matters referred to below shall be
adopted in accordance with the management procedure
referred to in Article 7(2):

(a)

the annual plan of work,
the selection criteria and procedures;

including objectives, priorities,

(b) the financial support to be supplied by the Community
(amounts, duration and recipients) in the areas covered by
actions under part 2 and 3 of Annex I, and the general
guidelines for implementing the programme;

(c)

the annual budget and the breakdown of funds among the
different actions of the programme;

(d) the arrangements

programme and for
results;

for monitoring and evaluating the
the dissemination and transfer of

2.
The measures necessary for the implementation of this
Decision relating to all other matters shall be adopted in
accordance with the advisory procedure referred to in Article
7(3).

Article 7

Committee procedures

The Commission shall be assisted by the Committee

1.
provided for in Decision No 508/2000/EC (1).

2. Where reference is made to this paragraph, Articles 4
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

(1) OJ L 63, 10.3.2000, p. 1.

30.4.2004

EN

Official Journal of the European Union

L 138/43

The period laid down in Article 4(3) of Decision 1999/468/EC
shall be set at two months.

3. Where reference is made to this paragraph, Articles 3
and 7 of Decision 1999/468/EC shall apply, having regard to
the provisions of Article 8 thereof.

4.

The Committee shall adopt its rules of procedure.

(b) not

than 31 December 2007 a report on the
later
achievement of
the programme's objectives. This report
shall be based, inter alia, on the outcome of the external
evaluation and shall assess the results obtained by the
beneficiaries of the programme, in particular as regards the
their actions,
efficiency and content of
effectiveness,
considered overall and individually,
in achieving the
objectives set out in Article 1 and in Annex I.

Article 8

Monitoring and evaluation

Article 9

Entry into force

The Commission shall present to the European Parliament and
the Council:

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

(a) not

later

than 31 December 2005, a report on the
implementation of the programme, on the achievement of
its objectives and on a possible future programme to
replace the present programme.

Done at Strasbourg, 21 April 2004.

The Commission shall moreover report to the European
Parliament and Council on an annual basis on the
implementation of the programme.

For the European Parliament

For the Council

The President

P. COX

The President

D. ROCHE

L 138/44

EN

Official Journal of the European Union

30.4.2004

ANNEX I

1.

ACTIVITIES SUPPORTED

The general objective laid down in Article 1 is to strengthen Community action in the field of culture and
increase its effectiveness by supporting 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 culture or an objective forming
part of the European Union's policy in this area (parts 1 and 2),

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

The main activities of these bodies that are likely to contribute to the strengthening and effectiveness of
Community action in the field of culture are as follows:

— representation of stakeholders at Community level,

— dissemination of information on Community action,

— networking of bodies active in the cultural field,

— representation and informing of the regional and minority language communities of the European Union,

— finding and disseminating of information in the legislation, education and media fields,

— fulfilling the role of cultural ‘ambassador', promoting awareness of Europe's common cultural heritage,

— preservation and commemoration of

the main sites and archives associated with the deportations,
symbolised by the memorials which have been raised on the sites of the former camps and other places of
mass-civilian martyrdom and extermination, and the keeping alive of the memory of the victims at these
sites.

2.

IMPLEMENTATION OF THE ACTIVITIES SUPPORTED

Grants may be awarded to support the activities carried out by the bodies eligible for Community funding
under the programme that fall within one of the following areas:

2.1.

Part 1: Permanent activities of the following bodies pursuing an aim of general European interest in the field of
culture:

— European Bureau for Lesser-Used Languages,

— centres of the Mercator network.

2.2.

Part 2: Permanent activities of other bodies pursuing an aim of general European interest in the field of culture
or an objective forming part of the European Union's policy in this area.

Annual operating grants may be awarded to support the conduct of the permanent work programmes of
organisations or networks promoting European culture and cooperation in the cultural sector and making a
contribution to cultural life and the management of culture.

30.4.2004

EN

Official Journal of the European Union

L 138/45

2.3.

Part 3: actions to preserve and commemorate the main sites and archives associated with the deportations,
symbolised by the memorials which have been raised on the sites of the former camps and other places of
mass-civilian martyrdom and extermination, and to keep alive the memory of the victims at these sites.

3.

SELECTION OF BENEFICIARIES

Part 1: Grants under this part of the programme may be awarded to the European Bureau for Lesser-Used
Languages (EBLUL) and the Mercator network centres.

The Commission may award these grants upon receipt of an appropriate workplan and budget.

Part 2:

1.

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

2. However, in 2004 and 2005, in derogation to paragraph 1, grants may be awarded to the organisations

mentioned in Annex II.

3.

In all cases, all requirements of the Financial Regulation, its Implementing Rules and the basic act apply.

Part 3: Actions to be supported under this part shall be selected on the basis of calls for proposals.

4.

CRITERIA FOR THE ASSESSMENT OF FUNDING APPLICATIONS

Applications for operating grants shall be assessed in the light of:

— the exchange of experiences promoting a greater cultural diversity,

— the mobility of art and artists,

— the quality of the planned activities,

— the European added value of the planned activities,

— the lasting nature of the planned activities,

— the visibility of the planned activities,

— the representativeness of the bodies.

Grants shall be awarded on the basis of a work programme approved by the Commission.

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.

FUNDING AND ELIGIBLE EXPENDITURE

5.1.

Under part 1, the eligible expenditure of the European Bureau for Lesser-Used Languages and the Mercator
network centres comprises operating costs and expenses for carrying out their actions.

L 138/46

EN

Official Journal of the European Union

30.4.2004

5.2.

5.3.

5.4.

5.5.

5.6.

The grant to the European Bureau for Lesser-Used Languages and the Mercator network centres shall not fund
all their eligible expenditure in the calendar year for which it is awarded: at least 20 per cent of the bodies'
budgets must be co-financed from non-Community sources.

Pursuant to Article 113(2) of the Financial Regulation the principle of gradual reduction shall not apply to
operating grants to the European Bureau for Lesser-Used Languages and the Mercator network centres, since
they are bodies pursuing an objective of general European interest.

Under part 2, the 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, these costs are 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 activities.

An operating grant under part 2 of this Annex 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.

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.

A grant awarded under part 3 of this Annex may not cover more than 75 per cent of the eligible costs of the
action concerned.

5.8.

5.9.

For grants awarded in 2004, it will be possible for the period of eligibility of expenditure to start on 1 January
2004, provided that the expenditure does not precede the date on which the grant application was lodged or
the date on which the beneficiary's budget year starts.

During 2004, in the case of beneficiaries whose budgetary year starts before 1 March, an exception may be
granted to the obligation to sign the grant agreement within the first four months of the start of the
beneficiary's budget year, as referred to in Article 112, paragraph 2 of the Financial Regulation. In this case,
the grant agreement should be signed by 30 June 2004 at the latest.

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 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 involving 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 information, publication and dissemination actions directly linked to the achievement of
the
programme's objective.

7.

CHECKS AND AUDITS

7.1.

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.

30.4.2004

EN

Official Journal of the European Union

L 138/47

7.2.

7.3.

7.4.

7.5.

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
European Parliament and of the Council (2).

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

L 138/48

EN

Official Journal of the European Union

30.4.2004

ANNEX II

Organisations referred in Annex I, section 3, part 2, paragraph 2

— the European Union Youth Orchestra,

— the European Union Baroque Orchestra (EUBO),

— Philharmony of the Nations,

— the European Choral Academy,

— la Fédération européenne des choeurs de l'Union,

— Les Choeurs de l'Union européenne,

— Europa Cantat (European Federation of Young Choirs),

— the European Opera Centre (Manchester),

— the European Union Jazz Youth Orchestra (Swinging Europe),

— the International Yehudi Menuhin Foundation,

— the European Chamber Orchestra,

— Association Européene des Conservatoires, Académies de Musique et Musikhochschulen (AEC),

— Yuste Academy Foundation,

— European Council of Artists (ECA),

— European Forum for the Arts and Heritage (EFAH),

— Informal European Theatre Meeting (IETM),

— Convention théâtrale européenne,

— Union des théâtres de l'Europe,

— Prix Europe pour le théâtre,

— Prix Europa (prize given to the best television and radio programme),

— Europa Nostra,

— European Writers' Congress (EWC),

— European Network of Arts Organisations for Children and Young People (EU-NET ART),

— Fédération européene des villages d'artistes (Euro Art),

— European Network of Cultural Administration Training Centres (ENCATC),

— European League of Institutes of the Arts (ELIA),

— Network of European Museums Organisations (NEMO),

— Momentum Europa,

— Pan-European Public Children's Network,

— Les Rencontres: Association of European Cities and Regions for Culture,

30.4.2004

EN

Official Journal of the European Union

L 138/49

— Europalia,

— Euroballet,

— International Festivals and Events Association Europe,

— Pegasus Foundation,

— Hors-les-Murs,

— Huis Doorn (Netherlands),

— European Music Festival,

— Tuning Educational Structures in Europe,

— St Boniface Memorial Foundation 2004,

— European Community of Historic Armed Guilds.