Proposal for a Decision of the European Parliament and of the Council amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 2013)
Date: 2008-02-07
Institutions: European Commission
Subjects: EU action, action programme, cultural cooperation, cultural policy

COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 07.2.2008 
COM(2008) 57 final 

2008/0024(COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 
2013)  

(presented by the Commission) 

EN 

   EN 

 
 
 
  
1. 

2. 

3. 

4. 

5. 

6. 

7. 

8. 

9. 

EXPLANATORY MEMORANDUM 

On  12  December  2006  the  European  Parliament  and  the  Council  adopted  Decision 
No 1855/2006/EC establishing the Culture programme for the period 2007 to 2013. 
This  programme  aims  to  promote  the  transnational  mobility  of  cultural  players, 
encourage  the  transnational  circulation  of  cultural  and  artistic  works  and  develop 
intercultural dialogue. 

To achieve its objectives, the programme proposes three actions to support specific 
activities.  Project  promoters  wishing  to  receive  grants  are  required  to  follow  a 
procedure for calls for proposals which results in the Commission making selection 
decisions concerning proposals for the award of grants; as measures to implement the 
programme, these must follow a specific interinstitutional procedure. 

Under Article 202 of the Treaty establishing the European Community, the Council, 
in the acts which it adopts, confers on the Commission powers to implement the rules 
which the Council lays down and may impose certain requirements in respect of the 
exercise of these powers.  

These  requirements  come  under  the  heading  of  'comitology'.  This  means  that  it  is 
compulsory  to  consult  a  committee  on  the  implementing  measures  which  are 
determined by the basic instrument, and this must be done prior to their adoption by 
the  Commission.  This  committee  is  composed  exclusively  of  representatives  of  the 
Member States. It is chaired by the Commission.  

There  are  various  types  of  committee  procedure,  as  set  out  in  Council  Decision 
No 1999/468/EC  laying  down  the  procedures  for  the  exercise  of  implementing 
powers  conferred  on 
the  Commission,  as  amended  by  Council  Decision 
No 2006/512/EC. The basic instrument establishing the Commission's implementing 
powers may provide for the application of these various procedures in order to carry 
out the implementing measures.  

The 
'comitology'  Decision  also  gives  Parliament  the  right  to  monitor  the 
implementation  of  legislative  instruments  adopted  under  the  codecision  procedure. 
This  right  of  scrutiny  allows  Parliament  to  contest  any  measures  envisaged  by  the 
Commission which it thinks would exceed the implementing powers provided for in 
the basic instrument, as this could impinge on its powers of codecision. 

The European Parliament has one month in which to examine a draft measure before 
the  Commission  makes  the  formal  decision.  This  period  begins  to  run  when  the 
definitive  proposed  implementing  measure  is  transmitted  to  Parliament  after  the 
committee has delivered its formal opinion. 

Decision  No 1855/2006/EC  establishing  the  Culture  programme  provides  that  a  set 
of  measures  necessary  to  implement  the  programme  shall  be  adopted  by  the 
Commission  in  accordance  with  the  procedures  provided  for  in  the  'comitology' 
Decision. 

When  the  programme  was  being  negotiated,  the  legislator  had  clearly  defined  the 
selection  decisions  to  be  submitted  to  the  committee.  The  management  procedure 
referred to in Articles 4 and 7 of Decision No 1999/468/EC was intended for multi-

EN 

2 

   EN 

 
10. 

11. 

12. 

13. 

14. 

15. 

annual  cooperation  projects.  The  other  selection  decisions  were  not  intended  to  be 
subject to a committee procedure. In such a case the Commission had undertaken to 
inform the programme committee and the European Parliament immediately of any 
selection decisions which would not be subject to the  management procedure.  This 
agreement  was  set  out  in  a  declaration  by  the  Commission  to  the  Council  and  the 
European Parliament.  

The agreement was based on the nature of the programme's actions, which concern a 
relatively  high  number  of  beneficiaries  whose  activities  depend  largely  on 
Community support. In fact the majority of grants are awarded to projects of limited 
duration whose life cycle is incompatible with lengthy decision-making procedures, 
and to cultural organisations to cover their running costs, thus also involving limited 
sums.  In  such  a  case  the  committee  procedure  can  provide  little  added  value  and, 
moreover,  it  places  a  disproportionate  burden  on  the  programme's  administration. 
This  agreement  was  thus  based  on  an  interinstitutional  consensus  with  a  view  to 
simplifying  procedures  and  reducing  the  time  required  for  making  decisions 
concerning potential beneficiaries. 

While  the  wording  of  Decision  No 1855/2006/EC  correctly  incorporates  the 
legislator's  wishes  concerning  the  selection  decisions  to  be  submitted  to  the 
management  committee,  the  legislator's  intentions  were  not  properly  transposed  in 
that Decision insofar as all other measures, including selection decisions, were made 
subject  to  the  consultative  procedure  referred  to  in  Articles  3  and  7  of  Decision 
No 1999/468/EC  rather  than  requiring  the  Commission  to  provide  immediate 
information to the programme committee and the European Parliament.  

The  programme  committee  is  thus  consulted  in  accordance  with  the  management 
procedure for selection decisions which are expressly provided for in Article 8(2) of 
Decision No 1855/2006/EC, namely in relation to multi-annual cooperation projects. 
A  contrario,  Article  8(3)  of  the  same  Decision  stipulates  that  all  other  selection 
decisions are made in accordance with the consultative procedure. 

This  wording  of  Decision  No 1855/2006/EC  causes  serious  problems  in  the 
implementation of the actions and measures provided for by the programme.  

Making selection decisions subject to the consultative procedure actually delays their 
adoption by two to three months. Applicants must therefore wait longer before being 
informed  of  a  decision  concerning  their  proposals.  Yet  the  projects  concerned  are 
generally  planned  to  begin  within  a  short  timeframe.  As  a  result,  these  extended 
timeframes risk causing delays in awarding grants and may jeopardise the viability of 
many  projects.  Moreover,  these  time  constraints  run  counter  to  the  principles  of 
simplicity  and  proximity  which  guide  the  implementation  of  the  programme  and 
therefore have a direct impact on its effectiveness. 

Temporary  solutions  have  been  devised  in  order  to  reduce  the  time  required  for 
systematic  consultation  of  the  programme  committee  and  the  consequent  right  of 
scrutiny.  The  programme  committee  has  agreed  to  amend  its  rules  of  procedure  in 
order  to  reduce  the  time  required  for  consultations  concerning  selection  decisions 
which are subject to the consultative procedure. The committee now uses the written 
procedure  and  has  a  period  of  five  days  in  which  to  comment  on  the  selection 
decisions  submitted  for  its  opinion.  The  European  Parliament  has  also  accepted  a 

EN 

3 

   EN 

 
16. 

17. 

18. 

19. 

20. 

temporary arrangement, for cases for which there was a prior agreement between the 
Commission and Parliament, which reduced the time required for its right of scrutiny 
from one month to five days during the previous summer period. 

While these ad hoc arrangements and temporary solutions have helped to solve the 
more immediate problems, experience has shown that it is important to put in place a 
long-term solution in order to be able to offer programme beneficiaries an assurance 
concerning the time required to award their grants. 

A definitive solution to the problem posed by making selection decisions subject to 
the  consultation  procedure  will  require  a  technical  amendment  to  Decision 
No 1855/2006/EC.  The  current  consultative  procedure  will  disappear  and  will  be 
replaced,  on  the  basis  of  a  Commission  declaration,  by  a  procedure  whereby  the 
Commission provides the programme committee and the European Parliament with 
immediate information on the selection decisions which it adopts.  

This  draft  amendment  of  Decision  No 1855/2006/EC  is  based  on  the  legislator's 
original intention when the Decision was being negotiated.  

The  proposal  to  amend  Decision  No 1855/2006/EC  will  thus  make  it  possible  to 
reduce  by  two  to  three  months  the  time  required  for  grants  to  be  awarded  and  to 
ensure  effective  implementation  of  the  activities  and  measures  covered  by  the 
programme.  The  programme  committee  and 
the  European  Parliament  will 
immediately be informed of the selection decisions. This amendment will also help 
to strengthen the principles of simplification and proportionality of the procedures by 
making them faster and more efficient in the interests of grant recipients.  

Three  other  decisions  adopted  by  the  European  Parliament  and  the  Council,  which 
establish  programmes  in  the  areas  of  education,  youth  and  citizenship,  include 
similar  provisions  concerning  the  breakdown  of  selection  decisions  between  the 
management procedure and the consultative procedure and cause the same problems 
regarding the implementation of selection decisions. A similar revision of these basic 
instruments is planned in parallel with this proposal for an amendment. 

EN 

4 

   EN 

 
2008/0024(COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 1855/2006/EC establishing the Culture Programme (2007 to 
2013)  

(Text with EEA relevance) 

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), first indent, thereof, 

Having regard to the proposal from the Commission1, 

Having regard to the opinion of the European Economic and Social Committee2, 

Having regard to the opinion of the Committee of the Regions3, 

Acting in accordance with the procedure laid down in Article 251 of the Treaty4, 

Whereas: 

(1) 

(2) 

Decision  No 1855/2006/EC  of  the  European  Parliament  and  of  the  Council5 
established the Culture programme for the period 2007 to 2013. 

Article 8(3) of Decision No 1855/2006/EC stipulates that other measures necessary for 
the  implementation  of  the  programme  which  are  not  listed  in  paragraph  2  shall  be 
adopted in accordance with the procedure referred to in Article 9(3) of that Decision, 
namely in accordance with the consultative procedure established by Council Decision 
No 1999/468/EC laying down the procedures for the exercise of implementing powers 
conferred on the Commission6. 

(3) 

This wording of Decision No 1855/2006/EC results in particular in selection decisions 
other than those referred to in Article 8(2) being subject to the consultative procedure 
and to the European Parliament's right of scrutiny.  

1 
2 
3 
4 
5 
6 

OJ C, p. . 
OJ C, p. . 
OJ C, p. . 
OJ C, p. . 
OJ L 378, 27.12.2006, p.22. 
OJ L 184, 17.07.1999, p.23 - Decision amended by Decision No 2006/512/EC (OJ L 200, 22.07.2006, 
p.11) 

EN 

5 

   EN 

 
                                                 
(4) 

(5) 

Yet  these  selection  decisions  mainly  concern  projects  of  limited  duration  whose  life 
cycle  is  incompatible  with  lengthy  decision-making  procedures  and  which  do  not 
involve politically sensitive decision-making. 

These  procedural  requirements  add  two  to  three  months  to  the  process  of  awarding 
grants  to applicants. They cause many delays for recipients, place a disproportionate 
burden  on  the  programme's  administration  and  provide  no  added  value  given  the 
nature of the grants awarded.  

(6) 

It  is  therefore  necessary  to  amend  Decision  No 1855/2006/EC  in  order  to  allow 
selection decisions to be implemented more quickly and efficiently. 

HAVE DECIDED AS FOLLOWS: 

Article 1 

following  paragraph  2a  shall  be 

The 
No 1855/2006/EC: 

incorporated 

into  Article  8  of  Decision 

"2a. Where the Commission adopts decisions, in accordance with the present Decision, on the 
award of grants other than those listed in paragraph 2, it shall adopt these decisions without 
the assistance of a committee." 

Article 2 

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

Done at Brussels, [… 

For the European Parliament 
The President 

For the Council 
The President 

EN 

6 

   EN