CELEX: 51988PC0360
Language: en
Date: 1988-06-16
Title: REEXAMINED PROPOSAL FOR A COUNCIL DECISION ON A COMMUNITY PROGRAMME IN THE FIELD OF INFORMATION TECHNOLOGY AND TELECOMMUNICATIONS APPLIED TO ROAD TRANSPORT DRIVE ( DEDICATED ROAD INFRASTRUCTURE FOR VEHICLE SAFETY IN EUROPE )

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.
 ---pagebreak--- 16. 8. 88                             Official Journal of the European Communities                            No C 214/21
          — Twenty-third      recital to be deleted.
          — Article 5(1) to read:
               '1. The funds estimated as necessary for the Community contribution to the execution of the
              programme amount to 60 million ECU over 36 months, including expenditure on staff whose
              costs shall not exceed 4,5 % of the Community's contribution.'
          — 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 or 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 from 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
          Amendments       1 and 2
          Amendments 1 and 2 had been included by the Commission in the revised proposal but been
          rejected by the Council. The Commission accepts that the essentials of these amendments are
          already covered elsewhere in the text.
          Amendment      3
          Amendment 3 had not been included in the revised proposal since, in the view of the Commission,
          this aspect was already sufficiently covered by the recitals.
          Amendment      4
          Amendment 4 had not been retained in the revised proposal since an extension of the regime
          applying to DRIVE to projects not financed under this programme would be problematic.
          Amendment      5
          Amendment 5 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 agrees that Article 203 of the Treaty
          makes adequate provisions for the objective of the amendment to be covered.
          Amendment      6
          Amendment 6 had been included in the revised proposal but rejected by the Council. While
          considering the Ha option of the Council Decision of 13 July 1987, which lays down the procedures
          for the exercise of implementing powers conferred on the Commission (*), as appropriate for this
          action, the Commission accepts the Ilia option of the common position as a compromise, and in
          consideration of the importance of sharing responsibility with Member States as required for the
          concertation of national actions.
          3. Text of the Parliament's Amendments in the second reading
          Amendment      1
          To insert a new recital:
              '"Whereas the definition phase of Prometheus (Eureka) has established the reliance of those
              parties to that cooperation agreement on the Community for definition of pre-normative and
          (!) OJ No L 197, 18. 7. 1987 p. 33.
 ---pagebreak--- No C 214/22                           Official Journal of the European Communities                             16. 8. 88
              pre-competitive work relating to road infrastructure systems and on further pre-competitive
              research by the Community in shared cost programmes;'
          Amendment      2
          To insert a new recital:
              'Whereas it is necessary that enterprises in the Community not taking part in the DRIVE
              programme or in related Eureka programmes shall be capable of benefitting from the results of
              DRIVE projects as will companies participating only in related Eureka projects;'
          Amendment      3
          To insert a new Article l a :
              'Article la
              Enterprises in the Community not taking part in the DRIVE programme or in related Eureka
              programmes shall be entitled to benefit from the results of DRIVE projects equally and as at an
              early stage in the case of DRIVE projects as will companies participating only in related Eureka
              projects.'
          Amendment      4
          To insert a new Article l b :
              'Article lb
              Non-Community programme research projects which are technologically integrated with
              DRIVE research projects shall as a general rule be executed by means of contracts with
              undertakings including small and medium-sized enterprises and involve the participation of at
              least two independent partners not all established in the same State.'
          Amendment      5
          Article 5
          To insert a new paragraph 3 :
              '3. The total amount of appropriations shall be calculated definitively on the basis of the
              appropriations allocated annually by the budgetary authority in the light of actual
              requirements.'
          Amendment      6
          Article 8
          To modify paragraph 3 by the following text:
          3. The Commission shall adopt measures which shall apply immediately. However, if these
          measures are not in accordance with the opinion of the committee, they shall be communicated by
          the Commission to the Council forthwith:
          — The Commission may defer application of the measures which it has decided for a period of not
              more than two months from the date of such communication.
          — The Council, acting by a qualified majority, may take a different decision within the time limit
             referred to in the previous subparagraph.