CELEX: 51988PC0359
Language: en
Date: 1988-06-16
Title: REEXAMINED PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY ACTION IN THE FIELD OF LEARNING TECHNOLOGY DELTA ( DEVELOPING EUROPEAN LEARNING THROUGH TECHNOLOGICAL ADVANCE )

16. 8. 88                              Official Journal of the European Communities                            No C 214/19
           Re-examined proposal for a Council Decision on a Community action in the field of learning
                 technology — Developing European learning through technological advance (DELTA)
                                                COM(88) 359 final — SYN 96
                    (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty
                                                      on 23 June V.
                                                        (88/C 214/08)
           1. Re-examination
          The Commission, pursuant to the provisions of Article 149 (2) (d) and
          — having regard to the proposal from the Commission ( ] ),
          — having regard to the opinion of the Parliament (2),
          — having regard to the revised proposal of the Commission (3),
          — having regard to the common position of the Council (4),
          — having regard to the position of the Commission (5),
          — having regard to the amendments proposed by the Parliament in the second reading (6),
          has re-examined the proposal on which the Council has based its common position.
          As a result of the re-examination the Commission modifies its revised proposal COM(88) 166 final
          — SYN 96 as follows:
          Article 8(3) to read:
               '3. The Commission shall adopt the measures envisaged if they are in accordance with the
               opinion of the committee.
               If the measures envisaged are not in accordance with the opinion of the committee, or if no
               opinion is delivered, the Commission shall, without delay, submit to the Council a proposal
               relating to the measures to be taken. The Council shall act by a qualified majority.
               If, on the expiry of a period which may in no case exceed two months form the date of referral to
               the Council, the Council has not acted, the proposed measures shall be adopted by the
               Commission for matters falling under Article 6(4).'
          2. Explanation of the position of the Commission on the amendments of the second reading by the
              Parliament
          Amendment       1
          Amendment 1 had been included in the revised proposal but rejected by the Council with reference
          to the provisions of Article 203 of the Treaty. The Commission could agree that the Article 203 of
          the Treaty makes adequate provisions for the objective of the amendment to be covered.
          Amendment       2
          Amendment 2 had been included in the revised proposal but rejected by the Council. While
          considering the Ila option of the Council Decision of 13 July 1987, which lays down the procedures
          for the exercise of implementing powers conferred on the Commission (7), as the most appropriate
          for this action, the Commission accepted the Ilia option of the common position as a compromise.
          (!) Doc. COM(87) 353 final of 24 July 1987.
          (2) PE 121.586 A 2-322.
          (3) Doc. COM(88) 166 final — SYN 96.
          (4) RECH 61 PRO-COOP 44 5444/1/88.
          (5) SEC(88) 643 — SYN 94.
          (6) PE 123.279.
          (7) OJ No L 197, 18. 7. 1987, p. 33.
 ---pagebreak--- No C 214/20                           Official Journal of the European Communities                             16. 8. 88
          3. Text of Parliaments Amendments in the second reading
          Amendment      1
          The final amount of appropriations and the number of staff shall be determined on the basis of
          decisions taken annually by the budgetary authority in accordance with real needs.
          Amendment      2
          The Commission shall take measures which shall enter into force immediately. However, where
          these measures are not in accordance with the opinion of the Committee, the Commission shall
          notify the Council of these measures immediately. In this case the following provisions shall apply:
          — The Commission may postpone the implementation of the measures it has adopted by a
              maximum period of one month following notification.
          — The Council may reach a different decision by qualified majority within the period of time
              referred to above.
          Re-examined proposal for a Council Decision on a Community programme in the field of
          information technology and telecommunications applied to road transport — Dedicated road
                                   infrastructure for vehicle safety in Europe (DRIVE)
                                               COM(88) 360 final — SYN 94
                  (Submitted by the Commission pursuant to Article 149 (2) (d) of the EEC Treaty
                                                     on 23 June V.
                                                       (88/C 214/09)
          1. Re-examination of the revised proposal
          The Commission, pursuant to the provisions of Article 149 (2) (d) and
          — having regard to the proposal from the Commission ( ! ),
          — having regard to the opinion of the Parliament (2),
          — having regard to the revised proposal of the Commission (3),
          — having regard to the position of the Council (4),
          — having regard to the position of the Commission (5),
          — having regard to the amendments proposed by the Parliament in the second reading (6),
          has re-examined the proposal on which the Council has based its common position.
          As a result of the re-examination the Commission modifies its revised proposal COM(88) 167 final
          — SYN 94 as follows:
          — Twenty-second       recital to read:
              'Whereas the definition of the Prometheus (Eureka) project has confirmed the feasibility of the
              objectives and identified specific work to be undertaken by the Community to attain them;'
          0)  Doc. COM(87) 351 final of 24 July 1987.
          (2) PE 121 582 A2-321.
          (3) Doc. COM(88) 167 final — SYN 94.
          (4) RECH 59 PRO-COOP 43 5394/88.
          (5) SEQ88) 643 — SYN 94.
          (6) PE 123.291.