CELEX: 51996PC0637
Language: en
Date: 1996-12-09
Title: Amended proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION establishing the support programme in the field of books and reading (Ariane).

COMMISSION OF THE EUROPEAN COMMUNITIES
                                        Brussels, 09.12.1996
                                        COM(96) 637 final
                                       94/0189 (COD)
            OPINION OF THE COMMISSION
   pursuant to Article 189 b (2) (d) of the EC Treaty,
        on the European Parliament's amendments
    to the Council's common position regarding the
                        proposal for a
EUROPEAN PARLIAMENT AND COUNCIL DECISION
              establishing a support programme
         in the field of books and reading (Ariane)
AMENDING THE PROPOSAL OF THE COMMISSION
     pursuant to Article 189 a (2) of the EC Treaty
 ---pagebreak---  ---pagebreak--- 1.       BACKGROUND
a)       On 25 October 1994 the Commission sent to Parliament and the Council its
        proposal for a decision (COM(94)356 final COD 94/0189).
b)       On 6 April 1995 Parliament adopted on first reading a resolution containing
         35 amendments to the Commission's proposal.
c)       On 20 April 1995 the Committee of the Regions delivered a favourable opinion.
d)       On 28 July 1995 the Commission adopted, under Article 149(3) of the Treaty, an
         amended proposal taking over in full or in part 32 of these amendments
         (COM(95) 373).
e)       On 27 June 1996 the Council adopted a common position.
f)       On 22 July 1996 the Commission accepted this common position and sent its
         opinion to Parliament (SEC(95) 1648).
g)       On 22 October 1996 Parliament adopted, on second reading, a resolution
         containing eleven amendments to the common position.
2.       AIMS OF THE PROPOSAL
It is a programme of support for books and reading designed to promote knowledge and
dissemination of the written heritage and contemporary writing in Europe and increase
public access to it, in particular by providing aid for the translation of works of literature,
drama and reference, supporting projects for cooperation on books and reading carried
out under partnership arrangements and providing further training for professionals in this
field.
Priority is given under the programme to the less widely-used languages.
                                             4-3
 ---pagebreak---                              COMMISSION OPINION ON
                           PARLIAMENT'S AMENDMENTS
After examining the amendments proposed by Parliament on second reading, the
Commission can agree to some of them which are of a technical nature or fit in with its
original proposal.
1.      Amendments accepted by the Commission
The Commission is prepared to accept amendments 4, 5, 6, 7 and 8 and has incorporated
them in its amended proposal so that they can be reexamined by the Council.
*       Amendment 4 would insert a reference, in the evaluation report, to the impact of
        the programme on the dissemination of literature in the less widely^used
        languages.
*       Comments'. As this is not a fundamental issue, there is no reason why it should
        not be accepted, even though the cuts made in the lifespan and budget of the
        programme may mean that this exercise is particularly limited in scope.
*       Amendment 5 would make works written in the less widely-used languages
        eligible even without previous translation into another Community language.
        Comments: The Commission takes the view that this amendment, which takes up
        its original proposal, is bound to increase the participation and presence of such
        works in the programme.
*       Amendment 6 would give priority to small independent publishing houses.
        Comments: The Commission can accept this amendment, as experience with the
        pilot project for aid to translation has demonstrated that for the most part the
        publishing houses receiving Community support can be considered small
        businesses.
*       Amendment 7 deletes the reference to the dual (advisory and management
        committee) procedure for the breakdown of resources.
        Comments: In view of the limited budget for the programme, the Commission
        can see no point in making a breakdown between the six actions.
*       Amendment 8 would make projects concerned with creating databases eligible for
        this programme.
        Comments: The Commission feels that this amendment concerns a type of project
        which is consistent with the objectives of the programme.
 ---pagebreak--- 2.    Amendment accepted in part by the Commission
*     Amendment 2 replaces the dual (advisory and management committee) procedure
      by an advisory committee. It is only partly acceptable in view of the line taken
      by the Commission following the adoption of the Council's common position on
      the proposed decision 94/0189 (SEC(96) 1320, 12.7.1996, point 3.4).
      Comments: As it stated in the above communication, the Commission is not
      against the use of a hybrid committee procedure, but only against the use of the
      management committee for the adoption of certain specific acts, namely decisions
      granting financial assistance to projects involving over ECU 10 000 and the use
      of any Committee procedure for the adoption of evaluation reports (which are not
      draft measures within the meaning of the Council Decision of 13 July 1987
      (87/373/EEC) laying down the procedures for the exercise of implementing
      powers conferred on the Commission1). Moreover, Parliament's amendment
      deleting the indication of the draft measures to which a committee procedure
      would apply cannot be accepted as this would not make for legal certainty.
3.    AMENDMENTS REJECTED BY THE COMMISSION
The Commission rejects amendments 1 and 3.
*     Amendment 1 requests a change to the title to refer explicitly to translation.
      Comments: The Commission feels that given the distribution of the programme's
      resources (50% for translation and 50% for the promotion of books and reading),
      it is not true to say that support is primarily through translation.
      Amendment 3 requests a significant increase in the budget (from ECU 7 million
      to ECU 10.5 million).
      Comments: Parliament takes the view that if the Council endorses the
      Commission's proposals for 1997 and 1998, the budget for the programme does
      not match up to its ambitions. However, the Commission is bound by the budget
      programming approved (ECU 23.5 million for five years), which is respected over
      the lifespan of the programme 1997-98.
       OJL 197, 18.7.1987, p. 33.
 ---pagebreak--- CONCLUSION
By way of conclusion, the Commission feels that proposed amendments 4, 5, 6, 7, and
8 can be accepted as they stand and amendment 2 in part. The amended proposal
incorporates the changes requested. Amendments 1 and 3 are rejected.
 ---pagebreak---                                  Amended proposal
                                        for a
               EUROPEAN PARLIAMENT AND COUNCIL DECISION
establishing the support programme in the field of books and reading (Ariane).
(Presented by the Commission pursuant to Article 189b(2)of the EC Treaty)
 ---pagebreak---                            EXPLANATORY MEMORANDUM
As a result of the entry into force of the Treaty on European Union on 1 November 1993,
this proposed decision is subject to the codecision procedure (Article 189b of the EC
Treaty).
Article 189b(2)(d) requires the Commission to deliver an opinion on the amendments
proposed by Parliament on second reading. The Commission has accepted six of
Parliament's amendments for the reasons set out in point 1 of the attached opinions-
Pursuant to Article 189b2) of the EC Treaty the Commission is now presenting an
amended proposal incorporating the six amendments by Parliament which it has accepted.
 ---pagebreak---                                  Amended proposal
                                        for a
               EUROPEAN PARLIAMENT AND COUNCIL DECISION
establishing the support programme in the field of books and reading (Ariane).
(Presented by the Commission pursuant to Article 189b(2)of the EC Treaty)
                                          $C
 ---pagebreak--- Common Position of the Council                              Modified Text
                                     (Amendment 2)
                                          Article 5
1. The Commission shall implement this            1. The Commission shall implement this
   programme in accordance with this                   programme in accordance with this
   decision.                                              decision.
2. The Commission shall be assisted by a          2.The Commission shall be assisted bv the
   Committee composed of                two       Committee set up under Article 5(1) of
   representatives per Member State and           decision No 719/96/EC of the-European
   chaired      by t h e     Commission           Parliament and of the Council establishing
   representative.      Members of the            the Kaleidoscope Programme.
   Committee may be assisted by experts or
   advisers.
3. The representative of the Commission           3.The following measures shall be adopted in
   shall submit to the Committee draft            accordance with the procedure set out in
   measures concerning:                           paragraph 4:
   - the annual work plan;                        - the annual work plan;
   - the general balance between the various      - the general balance between the various
   Actions;                                       Actions;
   - the detailed arrangement and selection       - the detailed arrangement and selection
   criteria for the various types of project      criteria for the various types of project
   described in the Annex (Actions 1, 2, 3,       described in the Annex (Actions 1, 2, 3, 4
   4 and 6);                                      and 6);
   - projects involving more than ten
   thousand ecus in assistance:
        the procedures for monitoring and                the procedures for monitoring and
    evaluating the programme, together with       evaluating the programme;
   the conclusions of the reports provided
    for in Article 8 and any programme
    readjustment      measures     resulting
    therefrom.
The Committee shall deliver its opinion on.        4. The representative of the Commission
the draft measures referred to in the first        shall submit to the Committee the draft of the
subparagraph within a time limit which the         measures to be taken. The Committee shall
 ---pagebreak--- Chairman may lay down according to the            deliver its opinion on the draft within a time
urgency of the matter. The opinion shall be       limit which the Chairman may lay down
delivered by the majority laid down in            according to the urgency of the matter.The
Article 148(2) of the Treaty in the case of       opinion shall be delivered by the majority
decisions which the Council is required to        laid down in Article 148(2) of the Treaty in
adopt on a proposal from the Commission.          the case of decisions which the Council is
The votes of the representatives of the           required to adopt on a proposal from the
Member States shall be weighted in the            Commission.          The votes of the
manner set out in that Article. The chairman      representatives of the Member States shall be
shall note vote.                                  weighted in the manner set out in that
                                                  Article. The chairman shall note vote.
The Commission shall adopt measures which         The Commission shall adopt measures which
shall apply immediately. However, if these        shall apply immediately. However, if these
measures are not in accordance with the           measures are not in accordance with the
opinion of the Committee, they shall be           opinion of the Committee, they" shall be
communicated by the Commission to the             communicated by the Commission to the
Council forthwith.                                Council forthwith.
In that event:                                    In that event:
(a) the Commission may defer application of       (a) the Commission may defer application of
the measures which it has decided for a           the measures which it has decided for a
period of two months from the date of such        period of one month from the date of such
communication;                                    communication;
(b) the Council, acting by a qualified            (b) the Council, acting by a qualified
majority, may take a different decision within    majority, may take a different decision within
the time limit referred to in (a).                the time limit referred to in (a).
fL The Commission may consult the                 5. Decisions granting Community financial
    v^imimu^ on any other matter
    Committee                                     assistance to projects for which the assistance
    concerning the implementation of this         exceeds ECU 10.000 shall be adopted in
    programme not covered bv paragraph 3.         accordance with the procedure set out in
                                                  paragraph 6:
The representative of the Commission shall,       6. The representative of the Commission
submit to the Committee a draft of the            shall submit to the Committee a draft of the
measures to be taken.                             measures to be taken.
The Committee shall deliver its opinion on        The Committee shall deliver its opinion on
this draft within a time limit which the           this draft within a time limit which the
Chairman may lay down according to the             Chairman may lay down according to the
urgency of the matter, if necessary by taking      urgency of the matter, if necessary by taking
a vote.                                            a vote.
                                               10
 ---pagebreak--- The opinion shall be recorded in the minutes;    The opinion shall be recorded in the minutes;
each Member State shall have the right to ask    each Member State shall have the right to ask
to have its position recorded in the minutes.    to have its position recorded in the minutes.
The Commission shall take the utmost             The Commission shall take the utmost
account of the opinion delivered by the          account of the opinion delivered by the
Committee. It shall inform the Committee of      Committee. It shall inform the Committee of
the manner in which its opinion has been         the manner in which its opinion has been
taken into account.                              taken into account.
                                                 7. At the request of the Commission, the
                                                 Committee may examine any matter relating
                                                 to the application of this decision.
                                              11
 ---pagebreak--- Common Position of the Council                                 Modified Text
                                           (Amendment 4)
                                     Article 8, first paragraph
One year after this programme has been in             One year after this programme has been in
operation, and within the six months                  operation, and within the six months
following that period, the Commission, after          following that period, the Commission, after
having consulted the Committee, shall present         having consulted the Committee, shall present
to the European Parliament and the Council            to the European Parliament and the Council
a detailed assessment report on the results           a detailed assessment report on the results
achieved, accompanied, where necessary, by            achieved, accompanied, where necessary, by
appropriate proposals, including proposals for        appropriate proposals, including proposals for
the continuation of the programme and the             the continuation of the programme and the
relevant arrangements so as to enable to              relevant arrangements so as to enable to
European Parliament and the Council to take           European Parliament and the Council to take
a decision before the end of the period               a decision before the end of the period
covered by the programme. This report will            covered by the programme. This report will
highlight the added value created, particularly       highlight the added value created, particularly
of a cultural nature and the socio-economic           of a cultural nature including reference to the
consequences brought about by the financial           impact on the dissemination of literature in
support granted by the Community. The                 the less-widely used languages and the socio-
report is intended to assess, both qualitatively      economic consequences brought about by the
and quantitatively, the extent to which the           financial support granted by the Community.
programme has achieved the objectives                 The report is intended to assess, both
referred to in Article 2.                             qualitatively and quantitatively, the extent to
                                                      which the programme has achieved the
                                                      objectives referred to in Article 2.
                                                  12
 ---pagebreak--- Common Position of the Council                                Modified Text
                                           (Amendment 5)
                                    Action 1, paragraph lb (ii)
Works written in one of the less widely used         In order to give priority to the less widely-
languages of the European Union may                 used languages of the European Union works
nevertheless be eligible for a translation grant     written in these languages may nevertheless
when they have already been translated and           be eligible for a translation grant without
published in a European Union language               having been previously translated into other
(other than the original language), or when,         Community languages. Grants are intended
although they have not vet been translated          to support translation into another European
and published in a European Union language,          language. These provisions also - apply to
they are simultaneously proposed for                 works:
translation into at least two European Union
languages. Grants are intended to support
translation into another European language.
These provisions also apply to works:
                                                 13
 ---pagebreak--- Common Position of the Council                         Modified Text
                                    (Amendment 6)
                      Annex, Action 1, Point 1, paragraph ba (new)
                                              Priority should be given to applications from
                                               small independent publishing companies
                                           14
 ---pagebreak--- Common Position of the Council                             Modified Text
                                       (Amendment 7)
                                  Action 1 - final paragraph
The resources to be committed to this Action      The resources to be committed to this Action
will amount to 50% of the overall budget          will amount to 50% of the overall budget
allocated-to this programme. The exact            allocated to this programme.
breakdown between the six Actions making
up this programme will be determined in
accordance with the procedure laid down in
Article 5(3).
                                              15
 ---pagebreak--- Common Position of the Council                           Modified Text
                                       (Amendment 8)
                         Annex, Action 2, third paragraph, indent
  the mutual knowledge of, and access to,       (a)   the mutual knowledge of, and access
  the literature or history of the European           to, the literature or history of the
  peoples;                                            European people;
  the development of partnership initiatives    (b)   the development of partnership
   which aim to facilitate access to data             initiatives which aim to facilitate,
   relevant to the dissemination of books to
   their promotion, to their translation and                access to data relevant to the
  to access by the citizen to reading;                      dissemination of . books, for
                                                            example, by creating a database
                                                            containing the details of books
                                                            available on the market, of
                                                            publishing houses and their
                                                            specialist fields, with a view to
                                                            supporting the co-production and
                                                            co-publication of European works.
                                                            the promotion of books.
                                                            their translation, including the
                                                            possible setting up of a semantics
                                                            database      (listing   semantic
                                                            difficulties and peculiarities) to
                                                            help technical and literary
                                                            translators.
                                                            access by the citizen to reading;
   the exchange of experience and know-          fcÛ the exchange of experience and know-
   how on themes of common interest                    how on themes of common interest
   between professionals at European level.            between professionals at European
                                                       level.
                                             16
 ---pagebreak---  ---pagebreak---  ---pagebreak---                                                                   ISSN 0254-1475
                                                           COM(96) 637 final
                                             DOCUMENTS
EN                                                                            16
                                    Catalogue number : CB-CO-96-634-EN-C
                                                             ISBN 92-78-12932-1
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