Proposal for a Decision of the European Parliament and of the Council amending Decision No 1720/2006/EC establishing an action programme in the field of lifelong learning
Date: 2008-02-08
Institutions: European Commission
Subjects: EU programme, action programme, continuing education, continuing vocational training, economic and social cohesion, education, vocational training

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COMMISSION OF THE EUROPEAN COMMUNITIES 

Brussels, 8.2.2008 
COM(2008) 61 final 

2008/0025 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 1720/2006/EC establishing an action programme in the field of 
lifelong learning  

(presented by the Commission) 

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EXPLANATORY MEMORANDUM 

On  15  November  2006  the  European  Parliament  and  the  Council  adopted  Decision 
No 1720/2006/EC establishing an action programme in the field of lifelong learning 
for  the  period  2007  to  2013.  The  objective  of  this  programme  is  to  provide 
individuals  with  the  opportunity  to  take  part  in  a  dynamic  learning  process  at  all 
stages  of  their  lives  and  throughout  Europe.  It  comprises  four  sub-programmes, 
which are complemented by a transversal programme to optimise their results and by 
the  Jean  Monnet  programme  which  is  intended  to  promote  studies,  discussion  and 
reflection  on  the  process  of  European  integration  in  higher  education  institutions 
throughout the world. 

To  achieve  its  objectives,  the  programme  proposes  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 1720/2006/EC establishing an action programme in the field of lifelong 
learning 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.  

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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 to apply to 
selection  decisions  concerning  large  grants  or  those  involving  politically  sensitive 
issues, namely multilateral projects and networks related to the key activity of policy 
cooperation  and  innovation,  and  multilateral  projects  and  networks  representing 
sums greater than EUR 1 000 000. 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 generally 
award small grants to a large number of beneficiaries, as in such cases the committee 
procedure can provide little added value and 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 1720/2006/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 same 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 9(1) of 
Decision No 1720/2006/EC, namely in relation to multilateral projects and networks 
related  to  the  key  activity  of  policy  cooperation  and  innovation,  and  multilateral 
projects  and  networks  representing  sums  greater  than  EUR 1 000 000.  A  contrario, 
Article 9(2) of Decision No 1720/2006/CE stipulates that all other selection decisions 
are made in accordance with the consultative procedure. 

This  wording  of  Decision  No 1720/2006/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 in order to increase the number 
of  calls  for  proposals  issued  each  year.  As  a  result,  these  extended  timeframes  risk 
causing delays  in awarding grants, thus jeopardising the viability of many projects. 
Moreover,  these  time  constraints  run  counter  to  the  principles  of  simplicity  and 
proximity in implementing the programme and therefore have a direct impact on its 
effectiveness. 

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A definitive solution to the problem posed by making selection decisions subject to 
the  consultation  procedure  will  require  a  technical  amendment  to  Decision 

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No 1720/2006/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 proposal is based on the legislator's original intention during the negotiation of 
Decision No 1720/2006/EC establishing an action programme in the field of lifelong 
learning.  

The  proposal  to  amend  Decision  No 1720/2006/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 
the  European  Parliament  will 
programme.  The  programme  committee  and 
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 citizenship, youth and culture,  include similar 
the 
provisions  concerning 
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. 

the  breakdown  of  selection  decisions  between 

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2008/0025 (COD) 

Proposal for a 

DECISION OF THE EUROPEAN PARLIAMENT AND OF THE COUNCIL 

amending Decision No 1720/2006/EC establishing an action programme in the field of 
lifelong learning  

(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 
Articles 149(4) and 150(4) 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 1720/2006/EC5  of  the  European  Parliament and the Council established 
the action programme in the field of lifelong learning for the period 2007 to 2013. 

Article 9(2) of Decision No 1720/2006/EC stipulates that other measures necessary for 
the  implementation  of  the  programme  which  are  not  listed  in  paragraph  1  shall  be 
adopted in accordance with the procedure referred to in Article 10(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 1720/2006/EC results in particular in selection decisions 
other than those referred to in Article 9(1) being subject to the consultative procedure 
and to the European Parliament's right of scrutiny.  

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OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ C , , p. . 
OJ L 327, 24.11.2006, p. 45. 
OJ L 184, 17.07.1999, p.23. Decision as amended by Decision No 2006/512/EC (OJ L 200, 22.07.2006, 
p. 11). 

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(4) 

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.  

(5) 

It  is  therefore  necessary  to  amend  Decision  No 1720/2006/EC  in  order  to  allow 
selection decisions to be implemented more quickly and efficiently. 

HAVE DECIDED AS FOLLOWS: 

Article 1 

following  paragraph  1a  shall  be 

The 
No 1720/2006/EC: 

incorporated 

into  Article  9  of  Decision 

"1a. Where the Commission adopts decisions, in accordance with the present Decision, on the 
award of grants other than those listed in paragraph 1, 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 

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