Pending: 32000D1031

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 149 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved on 9 March 2000 by the Conciliation Committee,Whereas:(1) The Treaty establishing the European Community provides that the latter’s action shall, inter alia, contribute to the development of quality education and training. This was resolutely reiterated by the Treaty of Amsterdam signed on 2 October 1997 which states that the Community is also to promote the development of the highest possible level of knowledge for its peoples through a wide access to education and through a continuous updating of knowledge.(2) By their Decision No 818/95/EC of 14 March 1995 adopting the third phase of the “Youth for Europe” programme(5), the European Parliament and the Council set up an action programme regarding cooperation in the field of youth. It is appropriate to pursue and strengthen cooperation and Community action in that field on the basis of the experience acquired from that programme.(3) The extraordinary European Council on employment held in Luxembourg on 20 and 21 November 1997 adopted a coordinated employment strategy in which lifelong education and training have a fundamental role to play in implementing the guidelines set out in the Council resolution of 15 December 1997(6) for the Member States’ employment policies in order to enhance employability, adaptability and the culture of entrepreneurship and to promote equal opportunities.(4) The Commission in its communication “Towards a Europe of knowledge” set out guidelines on the creation of an open and dynamic European education area capable of achieving the objective of lifelong education and training.(5) In its White Paper “Teaching and learning – Towards the learning society”, the Commission stated that the emergence of the learning society entails encouraging the acquisition of new knowledge and to this end providing motivation to learn at every opportunity. In its Green Paper “Education, training, research: the obstacles to transnational mobility”, the Commission highlighted the advantages of mobility for people and competitiveness in the European Union.(6) There is a need to promote active citizenship, to strengthen the links between measures pursued under this programme and to step up the fight for respect for human rights and against exclusion in all its forms, including racism and xenophobia. Special attention should be focused on removing discrimination and on promoting equal opportunities for women and men.(7) The actions of this programme should reach young people in general and not just the initiated and/or those who belong to youth organisations. The Commission and the Member States should therefore undertake to provide an adequate flow of information and appropriate dissemination for those actions.(8) This Decision establishes a Community framework intended to contribute to the development of transnational voluntary service activities. The Member States should endeavour to adopt appropriate and coordinated measures to remove legal and administrative obstacles in order to further improve young people’s access to the programme and facilitate recognition of the specific nature of voluntary service for young people.(9) Youth exchanges in particular contribute to mutual trust, the strengthening of democracy, tolerance, a willingness to cooperate and solidarity between young people, and they are therefore crucial for the cohesion and further development of the Union.(10) The participation of young people in voluntary service activities is a type of informal education leading to the acquisition of additional knowledge, whose quality should be largely based on appropriate preparatory measures, including those of a linguistic and cultural nature. It helps to determine the future direction of their lives, to broaden their horizons and to develop their social skills, active citizenship and balanced integration into society from the economic, social and cultural points of view, including preparation for working life, and promotes awareness of true European citizenship.(11) In its resolution of 14 May 1998 on the information and communication policy in the European Union(7), the European Parliament stated that, with regard to support and action programmes, the selection of projects should be more transparent and the reasons for the choice should be clearer to those who submit the projects.(12) The Commission and Member States should seek to guarantee complementarity between European voluntary service activities and the various similar national schemes.(13) The European Parliament and the Council, in their Decision No 253/2000/EC on education, and the Council, in Decision 1999/382/EC of 26 April 1999 on training, have established Community action progammes for the education and training fields respectively, which contribute together with the youth programme to a Europe of knowledge.(14) The policy of cooperation in the youth field contributes to the promotion of informal education, and therefore to lifelong learning, and this policy needs to be further developed.(15) The integration of young people into the world of work is an essential part of their integration into society, and this also calls for all their skills and competences acquired as part of their experience of informal education to be recognised and for a high premium to be put on their importance.(16) It is necessary, in order to reinforce the added value of Community action that the Commission, in cooperation with the Member States, should ensure coherence and a complementarity at all levels between the actions implemented within the framework of this Decision and other relevant policies, instruments and actions.(17) It is important that the Youth programme committee should consult, on the basis of arrangements to be defined, with the committees responsible for the implementation of the Community vocational training and educational programmes (Leonardo da Vinci and Socrates). It is important that the Youth programme committee be kept regularly informed about Community initiatives taken in the fields of education, vocational training and youth.(18) The European Councils of Essen (9 and 10 December 1994) and Cannes (26 and 27 June 1995) stressed the need for further action to enhance the social and vocational integration of young people in Europe. The conclusions of the European Council of Florence (21 and 22 June 1996) emphasised the importance of making it easier for young people to enter the labour force. The European Council meeting in Amsterdam (15 to 17 June 1997) expressed its support for non-profit-making activities. The European Parliament and Council adopted Decision No 1686/98/EC on 20 July 1998 establishing the Community action programme “European voluntary service for young people”(8).(19) European voluntary service activities are not a substitute for military service, for the alternative service formulas provided in particular for conscientious objectors or for the compulsory civilian service existing in several Member States, and should not restrict or be a substitute for potential or existing paid employment.(20) The grant of residence permits and any visas required falls within the competence of the authorities in the Member States, and the concept of legal resident is defined by national law.(21) The European Parliament adopted a resolution on 2 July 1998 on promoting the role of voluntary organisations and foundations in Europe(9). The voluntary sector should also play an important role in enabling all young people, particularly those with the greatest difficulties, to participate in these programmes.(22) The Commission and the Member States are to ensure that they foster cooperation with non-governmental organisations active in the youth and social fields, as well as in the areas of the environment, culture, sport and combating the various forms of exclusion.(23) The Agreement on the European Economic Area (EEA Agreement) provides for greater cooperation in the field of education, training and youth between the European Community and its Member States, on the one hand, and the States of the European Free Trade Association (EFTA) participating in the European Economic Area, on the other. The EEA Agreement lays down procedures for the participation of the EFTA States participating in the EEA in Community programmes in the field of education, training and youth.(24) Provision should be made to open up this programme to participation of the associated central and east European countries (CEEC) in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils, of Cyprus, funded by additional appropriations in accordance with the procedures to be agreed with that country, as well as of Malta and Turkey, funded by additional appropriations, in accordance with the provisions of the Treaty.(25) This programme should be monitored and continually evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures.(26) In accordance with the principles of subsidiarity and proportionality as defined in Article 5 of the Treaty, since the objectives of the proposed action concerning the development and strengthening of a cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries, cannot be sufficiently achieved by the Member States because of the complexity and diversity of the youth field, they can therefore be better achieved by the Community owing to the transnational dimension of Community actions and measures. This Decision does not go beyond what is necessary to achieve those objectives.(27) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission, on budgetary discipline and improvement of the budgetary procedure(10).(28) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(11),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programme1. This decision establishes the “Youth” Community action programme, hereinafter referred to as “this programme”, concerning cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries.2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of youth policy, based on informal education and training. It shall promote lifelong learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.4. This programme shall support and supplement action taken by and in the Member States while fully respecting their cultural and linguistic diversity.Article 2Objectives of the programme1. In order to allow young people to acquire knowledge, skills and competences which may be one of the foundations of their future development, and to exercise responsible citizenship so as to become an active part of society and bearing in mind the importance of promoting equal opportunities, the objectives of this programme are as follows:(a) to promote an active contribution by young people to the building of Europe through their participation in transnational exchanges within the Community or with third countries so as to develop understanding of the cultural diversity of Europe and its fundamental common values, thus helping to promote respect for human rights and to combat racism, anti-Semitism and xenophobia;(b) to strengthen their sense of solidarity through more extensive participation by young people in transnational community-service activities within the Community or with third countries, in particular those with which the Community has concluded cooperation agreements;(c) to encourage young people’s initiative, enterprise and creativity so that they may take an active role in society and, at the same time, to stimulate recognition of the value of informal education acquired within a European context;(d) reinforce cooperation in the field of youth by fostering the exchange of good practice, the training of youth workers/leaders and the development of innovative actions at Community level.2. This programme shall also contribute to attaining the objectives of other relevant areas of Community policy.Article 3Community actions1. The objectives of this programme as set out in Article 2 shall be pursued by means of the following actions, the operational content and the application procedures of which are described in the Annex:- Youth for Europe,- European voluntary service,- youth initiatives,- joint actions,- support measures.2. These actions shall be implemented through the following types of measures, which may, where appropriate, be combined:(a) support for the transnational mobility of young people;(b) support for the use of information and communication technologies (ICT) in the youth field;(c) support for the development of cooperation networks at the European level permitting mutual exchange of experience and good practice;(d) support for transnational projects to promote citizenship of the Union and the commitment of young people to the development of the Union;(e) promotion of language skills and understanding of different cultures;(f) support for pilot projects based on transnational partnerships designed to develop innovation and quality in the youth field;(g) development, at a European level, of methods of analysis and follow-up of youth policies and their evolution (e.g. databases, key figures, mutual knowledge of “systems”) and of methods of disseminating good practice.Article 4Access to the programme1. This programme is aimed at young people, in principle between the ages of 15 and 25, as well as those involved in youth work, who are legal residents of a Member State. The age limits may be slightly adjusted, where justified by the specific circumstances of certain projects.Within the framework of actions 1.2, 2.2 and 5 set out in the Annex, this programme may also be aimed at young people, in principle aged from 15 to 25, and those involved in youth work who reside in third countries, without prejudice to the competences of the Member States.2. Particular attention should be paid to ensuring that all young people, without discrimination, have access to the activities of this programme.3. The Commission and the Member States shall ensure that special efforts are made to assist young people who, for cultural, social, physical, mental, economic or geographical reasons, find it more difficult to participate in relevant action programmes at Community, national, regional or local level, as well as to assist small local groups. The Commission shall accordingly take account of the difficulties faced by these target groups, thus contributing to combating exclusion.4. The Member States shall endeavour to take appropriate measures so that participants in the programme can have access to health care in accordance with the provisions of Community law. The Member State of origin shall endeavour to take appropriate measures so that participants in the European voluntary service can retain their social protection.Article 5Implementation of the programme and cooperation with the Member States1. The Commission shall ensure the implementation of the Community actions covered by this programme in accordance with the Annex.2. The Commission, in cooperation with the Member States, shall take the steps described in the Annex (action 5) in order to make the best use of what has been achieved through Community cooperative action in the youth field.3. The Commission and Member States shall take appropriate action to develop structures established at Community and national level to achieve the objectives of the programme, in a user-friendly way, so as to facilitate access to the programme for young people and other partners at local level, to evaluate and monitor actions called for under the programme and to apply transparent consultation and selection arrangements.The Commission and the Member States shall ensure that they take measures to facilitate young people’s access to transnational mobility through measures designed adequately to inform them and raise their awareness of this subject. The Commission and the Member States shall ensure that appropriate information and publicity is provided about actions supported by the programme.4. The Member States shall take the necessary steps to ensure the efficient running of the programme; they shall also endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove legal and administrative obstacles to access to this programme.5. The Commission, in cooperation with the Member States, shall ensure the transition between those actions carried out within the framework of the previous Community programmes in the youth field (Youth for Europe III and European voluntary service) and the actions to be implemented under this programme.Article 6Joint actionsAs part of the process of building up a Europe of knowledge, the measures of this programme may be implemented in accordance with the procedures laid down in Article 8 as joint actions with related Community programmes and actions in the areas of youth, education and vocational training.Article 7Implementing measures1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):(a) the arrangements for implementing this programme, including the annual plan of work for the implementation of the programme’s actions;(b) the general balance between the different actions of the programme;(c) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed on a decentralised basis;(d) the arrangements for implementing the joint actions;(e) the arrangements for evaluating the programme;(f) the arrangements for attesting to participation of young volunteers.2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3).Article 8Committee1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The committee shall adopt its rules of procedure.Article 9Funding1. The financial framework for the implementation of this programme for the period specified in

Article 1
Establishment of the programme
1. This decision establishes the “Youth” Community action programme, hereinafter referred to as “this programme”, concerning cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries.
2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.
3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of youth policy, based on informal education and training. It shall promote lifelong learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.
4. This programme shall support and supplement action taken by and in the Member States while fully respecting their cultural and linguistic diversity.

Article 2
Objectives of the programme
1. In order to allow young people to acquire knowledge, skills and competences which may be one of the foundations of their future development, and to exercise responsible citizenship so as to become an active part of society and bearing in mind the importance of promoting equal opportunities, the objectives of this programme are as follows:
(a) to promote an active contribution by young people to the building of Europe through their participation in transnational exchanges within the Community or with third countries so as to develop understanding of the cultural diversity of Europe and its fundamental common values, thus helping to promote respect for human rights and to combat racism, anti-Semitism and xenophobia;
(b) to strengthen their sense of solidarity through more extensive participation by young people in transnational community-service activities within the Community or with third countries, in particular those with which the Community has concluded cooperation agreements;
(c) to encourage young people’s initiative, enterprise and creativity so that they may take an active role in society and, at the same time, to stimulate recognition of the value of informal education acquired within a European context;
(d) reinforce cooperation in the field of youth by fostering the exchange of good practice, the training of youth workers/leaders and the development of innovative actions at Community level.
2. This programme shall also contribute to attaining the objectives of other relevant areas of Community policy.

Article 3
Community actions
1. The objectives of this programme as set out in Article 2 shall be pursued by means of the following actions, the operational content and the application procedures of which are described in the Annex:
– Youth for Europe,
– European voluntary service,
– youth initiatives,
– joint actions,
– support measures.
2. These actions shall be implemented through the following types of measures, which may, where appropriate, be combined:
(a) support for the transnational mobility of young people;
(b) support for the use of information and communication technologies (ICT) in the youth field;
(c) support for the development of cooperation networks at the European level permitting mutual exchange of experience and good practice;
(d) support for transnational projects to promote citizenship of the Union and the commitment of young people to the development of the Union;
(e) promotion of language skills and understanding of different cultures;
(f) support for pilot projects based on transnational partnerships designed to develop innovation and quality in the youth field;
(g) development, at a European level, of methods of analysis and follow-up of youth policies and their evolution (e.g. databases, key figures, mutual knowledge of “systems”) and of methods of disseminating good practice.

Article 4
Access to the programme
1. This programme is aimed at young people, in principle between the ages of 15 and 25, as well as those involved in youth work, who are legal residents of a Member State. The age limits may be slightly adjusted, where justified by the specific circumstances of certain projects.
Within the framework of actions 1.2, 2.2 and 5 set out in the Annex, this programme may also be aimed at young people, in principle aged from 15 to 25, and those involved in youth work who reside in third countries, without prejudice to the competences of the Member States.
2. Particular attention should be paid to ensuring that all young people, without discrimination, have access to the activities of this programme.
3. The Commission and the Member States shall ensure that special efforts are made to assist young people who, for cultural, social, physical, mental, economic or geographical reasons, find it more difficult to participate in relevant action programmes at Community, national, regional or local level, as well as to assist small local groups. The Commission shall accordingly take account of the difficulties faced by these target groups, thus contributing to combating exclusion.
4. The Member States shall endeavour to take appropriate measures so that participants in the programme can have access to health care in accordance with the provisions of Community law. The Member State of origin shall endeavour to take appropriate measures so that participants in the European voluntary service can retain their social protection.

Article 5
Implementation of the programme and cooperation with the Member States
1. The Commission shall ensure the implementation of the Community actions covered by this programme in accordance with the Annex.
2. The Commission, in cooperation with the Member States, shall take the steps described in the Annex (action 5) in order to make the best use of what has been achieved through Community cooperative action in the youth field.
3. The Commission and Member States shall take appropriate action to develop structures established at Community and national level to achieve the objectives of the programme, in a user-friendly way, so as to facilitate access to the programme for young people and other partners at local level, to evaluate and monitor actions called for under the programme and to apply transparent consultation and selection arrangements.
The Commission and the Member States shall ensure that they take measures to facilitate young people’s access to transnational mobility through measures designed adequately to inform them and raise their awareness of this subject. The Commission and the Member States shall ensure that appropriate information and publicity is provided about actions supported by the programme.
4. The Member States shall take the necessary steps to ensure the efficient running of the programme; they shall also endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove legal and administrative obstacles to access to this programme.
5. The Commission, in cooperation with the Member States, shall ensure the transition between those actions carried out within the framework of the previous Community programmes in the youth field (Youth for Europe III and European voluntary service) and the actions to be implemented under this programme.

Article 6
Joint actions
As part of the process of building up a Europe of knowledge, the measures of this programme may be implemented in accordance with the procedures laid down in Article 8 as joint actions with related Community programmes and actions in the areas of youth, education and vocational training.

Article 7
Implementing measures
1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):
(a) the arrangements for implementing this programme, including the annual plan of work for the implementation of the programme’s actions;
(b) the general balance between the different actions of the programme;
(c) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed on a decentralised basis;
(d) the arrangements for implementing the joint actions;
(e) the arrangements for evaluating the programme;
(f) the arrangements for attesting to participation of young volunteers.
2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3).

Article 8
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. The committee shall adopt its rules of procedure.

Article 9
1. The financial framework for the implementation of this programme for the period specified in Article 1 is hereby set at EUR 520 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.

Article 10
Consistency and complementarity
1. The Commission, in cooperation with the Member States and without prejudice to the individual character and specificity of each programme, shall ensure overall consistency and complementarity with other relevant Community policies, instruments and actions. Particular attention shall be paid to the promotion of equality and to equal opportunities for women and men.
2. The Commission, in cooperation with the Member States, shall ensure consistency between the implementation of this programme and the other Community activities relating to youth, in particular in the area of culture and the audiovisual sector, the completion of the internal market, the information society, environment, consumer protection, SMEs, social policy, employment, and public health.
3. The Commission and the Member States shall ensure that the measures of this programme have regard to the employment guidelines adopted by the Council as part of a coordinated strategy for employment.
4. The Commission shall ensure an efficient link-up between this programme and the programmes and actions in the youth field undertaken as part of the Community’s external relations.

Article 11
Participation of the EFTA/EEA countries, the associated central and east European countries (CEEC), Cyprus, Malta and Turkey
This programme shall be open to the participation of:
– the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement,
– the associated central and east European countries (CEEC) in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils,
– Cyprus, funded by additional appropriations in accordance with the procedures to be agreed with that country,
– Malta and Turkey, funded by additional appropriations in accordance with the provisions of the Treaty.

Article 12
International cooperation
Under this programme, the Commission, acting in accordance with the procedures laid down in Article 7, shall strengthen its cooperation with non-Community countries and relevant international organisations, in particular the Council of Europe.

Article 13
Monitoring and evaluation
1. The Commission shall regularly monitor this programme in cooperation with the Member States.
This monitoring shall include the reports referred to in paragraph 3 and specific activities.
2. This programme shall be evaluated regularly by the Commission in cooperation with the Member States. This evaluation is intended to increase the effectiveness of actions implemented with regard to the objectives referred to in Article 2 and to ensure that equality of access to the programme as laid down in Article 4(2) and (3) is guaranteed.
This evaluation will also examine the complementarity between actions under this programme and those pursued under other relevant Community policies, instruments and actions.
In accordance with criteria established using the procedure described in Article 8(2), there will be regular external evaluations of the results of the Community actions.
3. Member States shall submit to the Commission by 31 December 2004 and 30 June 2007, respectively, reports on the implementation and the impact of this programme.
4. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions:
– on the accession of new Member States, a report on the financial consequences of these accessions on the programme, followed, if appropriate, by financial proposals to deal with the financial consequences of these accessions on the programme, in accordance with the provisions of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure and with the conclusions of the Berlin European Council of March 1999. The European Parliament and the Council will take a decision on such proposals as soon as possible,
– an interim evaluation report on the qualitative and quantitative aspects of the implementation of this programme by 30 June 2005,
– a final report on the implementation of this programme by 31 December 2007.

Article 14
Entry into force
This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.
Done at Luxembourg, 13 April 2000.
For the European Parliament
The President
N. Fontaine
For the Council
(1) OJ C 311, 10.10.1998, p. 6.
(2) OJ C 410, 30.12.1998, p. 11.
(3) OJ C 51, 22.2.1999, p. 77.
(4) Opinion of the European Parliament of 5 November 1998 (OJ C 359, 23.11.1998, p. 75), Council common position of 28 June 1999 (OJ C 210, 22.7.1999, p. 1 ) and Decision of the European Parliament of 28 October 1999 (not yet published in the Official Journal). Decision of the Council of 10 April 2000 and Decision of the European Parliament of 12 April 2000 (not yet published in the Official Journal).
(5) OJ L 87, 20.4.1995, p. 1.
(6) OJ C 30, 28.1.1998, p. 1.
(7) OJ C 167, 1.6.1998, p. 230.
(8) OJ L 214, 31.7.1998, p. 1.
(9) OJ C 226, 20.7.1998, p. 66.
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 184, 17.7.1999, p. 23.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community and in particular Article 149 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the Economic and Social Committee(2),Having regard to the opinion of the Committee of the Regions(3),Acting in accordance with the procedure laid down in Article 251 of the Treaty(4), in the light of the joint text approved on 9 March 2000 by the Conciliation Committee,Whereas:(1) The Treaty establishing the European Community provides that the latter’s action shall, inter alia, contribute to the development of quality education and training. This was resolutely reiterated by the Treaty of Amsterdam signed on 2 October 1997 which states that the Community is also to promote the development of the highest possible level of knowledge for its peoples through a wide access to education and through a continuous updating of knowledge.(2) By their Decision No 818/95/EC of 14 March 1995 adopting the third phase of the “Youth for Europe” programme(5), the European Parliament and the Council set up an action programme regarding cooperation in the field of youth. It is appropriate to pursue and strengthen cooperation and Community action in that field on the basis of the experience acquired from that programme.(3) The extraordinary European Council on employment held in Luxembourg on 20 and 21 November 1997 adopted a coordinated employment strategy in which lifelong education and training have a fundamental role to play in implementing the guidelines set out in the Council resolution of 15 December 1997(6) for the Member States’ employment policies in order to enhance employability, adaptability and the culture of entrepreneurship and to promote equal opportunities.(4) The Commission in its communication “Towards a Europe of knowledge” set out guidelines on the creation of an open and dynamic European education area capable of achieving the objective of lifelong education and training.(5) In its White Paper “Teaching and learning – Towards the learning society”, the Commission stated that the emergence of the learning society entails encouraging the acquisition of new knowledge and to this end providing motivation to learn at every opportunity. In its Green Paper “Education, training, research: the obstacles to transnational mobility”, the Commission highlighted the advantages of mobility for people and competitiveness in the European Union.(6) There is a need to promote active citizenship, to strengthen the links between measures pursued under this programme and to step up the fight for respect for human rights and against exclusion in all its forms, including racism and xenophobia. Special attention should be focused on removing discrimination and on promoting equal opportunities for women and men.(7) The actions of this programme should reach young people in general and not just the initiated and/or those who belong to youth organisations. The Commission and the Member States should therefore undertake to provide an adequate flow of information and appropriate dissemination for those actions.(8) This Decision establishes a Community framework intended to contribute to the development of transnational voluntary service activities. The Member States should endeavour to adopt appropriate and coordinated measures to remove legal and administrative obstacles in order to further improve young people’s access to the programme and facilitate recognition of the specific nature of voluntary service for young people.(9) Youth exchanges in particular contribute to mutual trust, the strengthening of democracy, tolerance, a willingness to cooperate and solidarity between young people, and they are therefore crucial for the cohesion and further development of the Union.(10) The participation of young people in voluntary service activities is a type of informal education leading to the acquisition of additional knowledge, whose quality should be largely based on appropriate preparatory measures, including those of a linguistic and cultural nature. It helps to determine the future direction of their lives, to broaden their horizons and to develop their social skills, active citizenship and balanced integration into society from the economic, social and cultural points of view, including preparation for working life, and promotes awareness of true European citizenship.(11) In its resolution of 14 May 1998 on the information and communication policy in the European Union(7), the European Parliament stated that, with regard to support and action programmes, the selection of projects should be more transparent and the reasons for the choice should be clearer to those who submit the projects.(12) The Commission and Member States should seek to guarantee complementarity between European voluntary service activities and the various similar national schemes.(13) The European Parliament and the Council, in their Decision No 253/2000/EC on education, and the Council, in Decision 1999/382/EC of 26 April 1999 on training, have established Community action progammes for the education and training fields respectively, which contribute together with the youth programme to a Europe of knowledge.(14) The policy of cooperation in the youth field contributes to the promotion of informal education, and therefore to lifelong learning, and this policy needs to be further developed.(15) The integration of young people into the world of work is an essential part of their integration into society, and this also calls for all their skills and competences acquired as part of their experience of informal education to be recognised and for a high premium to be put on their importance.(16) It is necessary, in order to reinforce the added value of Community action that the Commission, in cooperation with the Member States, should ensure coherence and a complementarity at all levels between the actions implemented within the framework of this Decision and other relevant policies, instruments and actions.(17) It is important that the Youth programme committee should consult, on the basis of arrangements to be defined, with the committees responsible for the implementation of the Community vocational training and educational programmes (Leonardo da Vinci and Socrates). It is important that the Youth programme committee be kept regularly informed about Community initiatives taken in the fields of education, vocational training and youth.(18) The European Councils of Essen (9 and 10 December 1994) and Cannes (26 and 27 June 1995) stressed the need for further action to enhance the social and vocational integration of young people in Europe. The conclusions of the European Council of Florence (21 and 22 June 1996) emphasised the importance of making it easier for young people to enter the labour force. The European Council meeting in Amsterdam (15 to 17 June 1997) expressed its support for non-profit-making activities. The European Parliament and Council adopted Decision No 1686/98/EC on 20 July 1998 establishing the Community action programme “European voluntary service for young people”(8).(19) European voluntary service activities are not a substitute for military service, for the alternative service formulas provided in particular for conscientious objectors or for the compulsory civilian service existing in several Member States, and should not restrict or be a substitute for potential or existing paid employment.(20) The grant of residence permits and any visas required falls within the competence of the authorities in the Member States, and the concept of legal resident is defined by national law.(21) The European Parliament adopted a resolution on 2 July 1998 on promoting the role of voluntary organisations and foundations in Europe(9). The voluntary sector should also play an important role in enabling all young people, particularly those with the greatest difficulties, to participate in these programmes.(22) The Commission and the Member States are to ensure that they foster cooperation with non-governmental organisations active in the youth and social fields, as well as in the areas of the environment, culture, sport and combating the various forms of exclusion.(23) The Agreement on the European Economic Area (EEA Agreement) provides for greater cooperation in the field of education, training and youth between the European Community and its Member States, on the one hand, and the States of the European Free Trade Association (EFTA) participating in the European Economic Area, on the other. The EEA Agreement lays down procedures for the participation of the EFTA States participating in the EEA in Community programmes in the field of education, training and youth.(24) Provision should be made to open up this programme to participation of the associated central and east European countries (CEEC) in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils, of Cyprus, funded by additional appropriations in accordance with the procedures to be agreed with that country, as well as of Malta and Turkey, funded by additional appropriations, in accordance with the provisions of the Treaty.(25) This programme should be monitored and continually evaluated in cooperation between the Commission and the Member States in order to allow for readjustments, particularly in the priorities for implementing the measures.(26) In accordance with the principles of subsidiarity and proportionality as defined in Article 5 of the Treaty, since the objectives of the proposed action concerning the development and strengthening of a cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries, cannot be sufficiently achieved by the Member States because of the complexity and diversity of the youth field, they can therefore be better achieved by the Community owing to the transnational dimension of Community actions and measures. This Decision does not go beyond what is necessary to achieve those objectives.(27) This Decision lays down, for the entire duration of the programme, a financial framework constituting the prime reference for the budgetary authority during the annual budgetary procedure, within the meaning of point 33 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission, on budgetary discipline and improvement of the budgetary procedure(10).(28) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(11),HAVE DECIDED AS FOLLOWS:Article 1Establishment of the programme1. This decision establishes the “Youth” Community action programme, hereinafter referred to as “this programme”, concerning cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries.2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of youth policy, based on informal education and training. It shall promote lifelong learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.4. This programme shall support and supplement action taken by and in the Member States while fully respecting their cultural and linguistic diversity.Article 2Objectives of the programme1. In order to allow young people to acquire knowledge, skills and competences which may be one of the foundations of their future development, and to exercise responsible citizenship so as to become an active part of society and bearing in mind the importance of promoting equal opportunities, the objectives of this programme are as follows:(a) to promote an active contribution by young people to the building of Europe through their participation in transnational exchanges within the Community or with third countries so as to develop understanding of the cultural diversity of Europe and its fundamental common values, thus helping to promote respect for human rights and to combat racism, anti-Semitism and xenophobia;(b) to strengthen their sense of solidarity through more extensive participation by young people in transnational community-service activities within the Community or with third countries, in particular those with which the Community has concluded cooperation agreements;(c) to encourage young people’s initiative, enterprise and creativity so that they may take an active role in society and, at the same time, to stimulate recognition of the value of informal education acquired within a European context;(d) reinforce cooperation in the field of youth by fostering the exchange of good practice, the training of youth workers/leaders and the development of innovative actions at Community level.2. This programme shall also contribute to attaining the objectives of other relevant areas of Community policy.Article 3Community actions1. The objectives of this programme as set out in Article 2 shall be pursued by means of the following actions, the operational content and the application procedures of which are described in the Annex:- Youth for Europe,- European voluntary service,- youth initiatives,- joint actions,- support measures.2. These actions shall be implemented through the following types of measures, which may, where appropriate, be combined:(a) support for the transnational mobility of young people;(b) support for the use of information and communication technologies (ICT) in the youth field;(c) support for the development of cooperation networks at the European level permitting mutual exchange of experience and good practice;(d) support for transnational projects to promote citizenship of the Union and the commitment of young people to the development of the Union;(e) promotion of language skills and understanding of different cultures;(f) support for pilot projects based on transnational partnerships designed to develop innovation and quality in the youth field;(g) development, at a European level, of methods of analysis and follow-up of youth policies and their evolution (e.g. databases, key figures, mutual knowledge of “systems”) and of methods of disseminating good practice.Article 4Access to the programme1. This programme is aimed at young people, in principle between the ages of 15 and 25, as well as those involved in youth work, who are legal residents of a Member State. The age limits may be slightly adjusted, where justified by the specific circumstances of certain projects.Within the framework of actions 1.2, 2.2 and 5 set out in the Annex, this programme may also be aimed at young people, in principle aged from 15 to 25, and those involved in youth work who reside in third countries, without prejudice to the competences of the Member States.2. Particular attention should be paid to ensuring that all young people, without discrimination, have access to the activities of this programme.3. The Commission and the Member States shall ensure that special efforts are made to assist young people who, for cultural, social, physical, mental, economic or geographical reasons, find it more difficult to participate in relevant action programmes at Community, national, regional or local level, as well as to assist small local groups. The Commission shall accordingly take account of the difficulties faced by these target groups, thus contributing to combating exclusion.4. The Member States shall endeavour to take appropriate measures so that participants in the programme can have access to health care in accordance with the provisions of Community law. The Member State of origin shall endeavour to take appropriate measures so that participants in the European voluntary service can retain their social protection.Article 5Implementation of the programme and cooperation with the Member States1. The Commission shall ensure the implementation of the Community actions covered by this programme in accordance with the Annex.2. The Commission, in cooperation with the Member States, shall take the steps described in the Annex (action 5) in order to make the best use of what has been achieved through Community cooperative action in the youth field.3. The Commission and Member States shall take appropriate action to develop structures established at Community and national level to achieve the objectives of the programme, in a user-friendly way, so as to facilitate access to the programme for young people and other partners at local level, to evaluate and monitor actions called for under the programme and to apply transparent consultation and selection arrangements.The Commission and the Member States shall ensure that they take measures to facilitate young people’s access to transnational mobility through measures designed adequately to inform them and raise their awareness of this subject. The Commission and the Member States shall ensure that appropriate information and publicity is provided about actions supported by the programme.4. The Member States shall take the necessary steps to ensure the efficient running of the programme; they shall also endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove legal and administrative obstacles to access to this programme.5. The Commission, in cooperation with the Member States, shall ensure the transition between those actions carried out within the framework of the previous Community programmes in the youth field (Youth for Europe III and European voluntary service) and the actions to be implemented under this programme.Article 6Joint actionsAs part of the process of building up a Europe of knowledge, the measures of this programme may be implemented in accordance with the procedures laid down in Article 8 as joint actions with related Community programmes and actions in the areas of youth, education and vocational training.Article 7Implementing measures1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):(a) the arrangements for implementing this programme, including the annual plan of work for the implementation of the programme’s actions;(b) the general balance between the different actions of the programme;(c) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed on a decentralised basis;(d) the arrangements for implementing the joint actions;(e) the arrangements for evaluating the programme;(f) the arrangements for attesting to participation of young volunteers.2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3).Article 8Committee1. The Commission shall be assisted by a committee.2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.4. The committee shall adopt its rules of procedure.Article 9Funding1. The financial framework for the implementation of this programme for the period specified in
Establishment of the programme
1. This decision establishes the “Youth” Community action programme, hereinafter referred to as “this programme”, concerning cooperation policy in the youth field, including European voluntary service and youth exchanges both within the Community and with third countries.
2. This programme shall be implemented over the period starting on 1 January 2000 and ending on 31 December 2006.
3. This programme shall contribute to the promotion of a Europe of knowledge by developing a European area of cooperation in the field of youth policy, based on informal education and training. It shall promote lifelong learning and the building up of the knowledge and skills and competences likely to foster active citizenship and employability.
4. This programme shall support and supplement action taken by and in the Member States while fully respecting their cultural and linguistic diversity.
Objectives of the programme
1. In order to allow young people to acquire knowledge, skills and competences which may be one of the foundations of their future development, and to exercise responsible citizenship so as to become an active part of society and bearing in mind the importance of promoting equal opportunities, the objectives of this programme are as follows:
(a) to promote an active contribution by young people to the building of Europe through their participation in transnational exchanges within the Community or with third countries so as to develop understanding of the cultural diversity of Europe and its fundamental common values, thus helping to promote respect for human rights and to combat racism, anti-Semitism and xenophobia;
(b) to strengthen their sense of solidarity through more extensive participation by young people in transnational community-service activities within the Community or with third countries, in particular those with which the Community has concluded cooperation agreements;
(c) to encourage young people’s initiative, enterprise and creativity so that they may take an active role in society and, at the same time, to stimulate recognition of the value of informal education acquired within a European context;
(d) reinforce cooperation in the field of youth by fostering the exchange of good practice, the training of youth workers/leaders and the development of innovative actions at Community level.
2. This programme shall also contribute to attaining the objectives of other relevant areas of Community policy.
Community actions
1. The objectives of this programme as set out in Article 2 shall be pursued by means of the following actions, the operational content and the application procedures of which are described in the Annex:
– Youth for Europe,
– European voluntary service,
– youth initiatives,
– joint actions,
– support measures.
2. These actions shall be implemented through the following types of measures, which may, where appropriate, be combined:
(a) support for the transnational mobility of young people;
(b) support for the use of information and communication technologies (ICT) in the youth field;
(c) support for the development of cooperation networks at the European level permitting mutual exchange of experience and good practice;
(d) support for transnational projects to promote citizenship of the Union and the commitment of young people to the development of the Union;
(e) promotion of language skills and understanding of different cultures;
(f) support for pilot projects based on transnational partnerships designed to develop innovation and quality in the youth field;
(g) development, at a European level, of methods of analysis and follow-up of youth policies and their evolution (e.g. databases, key figures, mutual knowledge of “systems”) and of methods of disseminating good practice.
Access to the programme
1. This programme is aimed at young people, in principle between the ages of 15 and 25, as well as those involved in youth work, who are legal residents of a Member State. The age limits may be slightly adjusted, where justified by the specific circumstances of certain projects.
Within the framework of actions 1.2, 2.2 and 5 set out in the Annex, this programme may also be aimed at young people, in principle aged from 15 to 25, and those involved in youth work who reside in third countries, without prejudice to the competences of the Member States.
2. Particular attention should be paid to ensuring that all young people, without discrimination, have access to the activities of this programme.
3. The Commission and the Member States shall ensure that special efforts are made to assist young people who, for cultural, social, physical, mental, economic or geographical reasons, find it more difficult to participate in relevant action programmes at Community, national, regional or local level, as well as to assist small local groups. The Commission shall accordingly take account of the difficulties faced by these target groups, thus contributing to combating exclusion.
4. The Member States shall endeavour to take appropriate measures so that participants in the programme can have access to health care in accordance with the provisions of Community law. The Member State of origin shall endeavour to take appropriate measures so that participants in the European voluntary service can retain their social protection.
Implementation of the programme and cooperation with the Member States
1. The Commission shall ensure the implementation of the Community actions covered by this programme in accordance with the Annex.
2. The Commission, in cooperation with the Member States, shall take the steps described in the Annex (action 5) in order to make the best use of what has been achieved through Community cooperative action in the youth field.
3. The Commission and Member States shall take appropriate action to develop structures established at Community and national level to achieve the objectives of the programme, in a user-friendly way, so as to facilitate access to the programme for young people and other partners at local level, to evaluate and monitor actions called for under the programme and to apply transparent consultation and selection arrangements.
The Commission and the Member States shall ensure that they take measures to facilitate young people’s access to transnational mobility through measures designed adequately to inform them and raise their awareness of this subject. The Commission and the Member States shall ensure that appropriate information and publicity is provided about actions supported by the programme.
4. The Member States shall take the necessary steps to ensure the efficient running of the programme; they shall also endeavour, as far as possible, to adopt such measures as they deem necessary and desirable to remove legal and administrative obstacles to access to this programme.
5. The Commission, in cooperation with the Member States, shall ensure the transition between those actions carried out within the framework of the previous Community programmes in the youth field (Youth for Europe III and European voluntary service) and the actions to be implemented under this programme.
Joint actions
As part of the process of building up a Europe of knowledge, the measures of this programme may be implemented in accordance with the procedures laid down in Article 8 as joint actions with related Community programmes and actions in the areas of youth, education and vocational training.
Implementing measures
1. The measures necessary for the implementation of this Decision relating to the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):
(a) the arrangements for implementing this programme, including the annual plan of work for the implementation of the programme’s actions;
(b) the general balance between the different actions of the programme;
(c) the criteria applicable for establishing the indicative breakdown of funds among the Member States for the purpose of the actions to be managed on a decentralised basis;
(d) the arrangements for implementing the joint actions;
(e) the arrangements for evaluating the programme;
(f) the arrangements for attesting to participation of young volunteers.
2. The measures necessary for the implementation of this Decision relating to all other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3).
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply, having regard to the provisions of Article 8 thereof.
4. The committee shall adopt its rules of procedure.
1. The financial framework for the implementation of this programme for the period specified in Article 1 is hereby set at EUR 520 million.
2. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Consistency and complementarity
1. The Commission, in cooperation with the Member States and without prejudice to the individual character and specificity of each programme, shall ensure overall consistency and complementarity with other relevant Community policies, instruments and actions. Particular attention shall be paid to the promotion of equality and to equal opportunities for women and men.
2. The Commission, in cooperation with the Member States, shall ensure consistency between the implementation of this programme and the other Community activities relating to youth, in particular in the area of culture and the audiovisual sector, the completion of the internal market, the information society, environment, consumer protection, SMEs, social policy, employment, and public health.
3. The Commission and the Member States shall ensure that the measures of this programme have regard to the employment guidelines adopted by the Council as part of a coordinated strategy for employment.
4. The Commission shall ensure an efficient link-up between this programme and the programmes and actions in the youth field undertaken as part of the Community’s external relations.
Participation of the EFTA/EEA countries, the associated central and east European countries (CEEC), Cyprus, Malta and Turkey
This programme shall be open to the participation of:
– the EFTA/EEA countries in accordance with the conditions established in the EEA Agreement,
– the associated central and east European countries (CEEC) in accordance with the conditions established in the Europe Agreements, in their additional protocols and in the decisions of the respective Association Councils,
– Cyprus, funded by additional appropriations in accordance with the procedures to be agreed with that country,
– Malta and Turkey, funded by additional appropriations in accordance with the provisions of the Treaty.
International cooperation
Under this programme, the Commission, acting in accordance with the procedures laid down in Article 7, shall strengthen its cooperation with non-Community countries and relevant international organisations, in particular the Council of Europe.
Monitoring and evaluation
1. The Commission shall regularly monitor this programme in cooperation with the Member States.
This monitoring shall include the reports referred to in paragraph 3 and specific activities.
2. This programme shall be evaluated regularly by the Commission in cooperation with the Member States. This evaluation is intended to increase the effectiveness of actions implemented with regard to the objectives referred to in Article 2 and to ensure that equality of access to the programme as laid down in Article 4(2) and (3) is guaranteed.
This evaluation will also examine the complementarity between actions under this programme and those pursued under other relevant Community policies, instruments and actions.
In accordance with criteria established using the procedure described in Article 8(2), there will be regular external evaluations of the results of the Community actions.
3. Member States shall submit to the Commission by 31 December 2004 and 30 June 2007, respectively, reports on the implementation and the impact of this programme.
4. The Commission shall submit to the European Parliament, the Council, the Economic and Social Committee and the Committee of the Regions:
– on the accession of new Member States, a report on the financial consequences of these accessions on the programme, followed, if appropriate, by financial proposals to deal with the financial consequences of these accessions on the programme, in accordance with the provisions of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure and with the conclusions of the Berlin European Council of March 1999. The European Parliament and the Council will take a decision on such proposals as soon as possible,
– an interim evaluation report on the qualitative and quantitative aspects of the implementation of this programme by 30 June 2005,
– a final report on the implementation of this programme by 31 December 2007.
Entry into force
This Decision shall enter into force on the date of its publication in the Official Journal of the European Communities.
Done at Luxembourg, 13 April 2000.
For the European Parliament
The President
N. Fontaine
For the Council
(1) OJ C 311, 10.10.1998, p. 6.
(2) OJ C 410, 30.12.1998, p. 11.
(3) OJ C 51, 22.2.1999, p. 77.
(4) Opinion of the European Parliament of 5 November 1998 (OJ C 359, 23.11.1998, p. 75), Council common position of 28 June 1999 (OJ C 210, 22.7.1999, p. 1 ) and Decision of the European Parliament of 28 October 1999 (not yet published in the Official Journal). Decision of the Council of 10 April 2000 and Decision of the European Parliament of 12 April 2000 (not yet published in the Official Journal).
(5) OJ L 87, 20.4.1995, p. 1.
(6) OJ C 30, 28.1.1998, p. 1.
(7) OJ C 167, 1.6.1998, p. 230.
(8) OJ L 214, 31.7.1998, p. 1.
(9) OJ C 226, 20.7.1998, p. 66.
(10) OJ C 172, 18.6.1999, p. 1.
(11) OJ L 184, 17.7.1999, p. 23.
Funding approved under the programme is to observe the principles of co-financing and additionality. In accordance with Article 4(3) of the Decision, efforts must be made to facilitate access to the programme for young people who face difficulties of a cultural, social, physical, mental, economic or geographical nature, as well as for small local groups. The committee referred to in Article 8 of the Decision is to lay down the specific form these efforts should take. Community funding is to be distributed in such a way as to take account of the need to ensure balance between the mobility actions undertaken and an equal opportunity of participation for the young people of every Member State; that is to say, Article 4(3) is to be taken into account.
Initiatives designed to encourage tolerance and the acceptance of differences, as well as measures combating all forms of exclusion, should be given specific encouragement and stimulation. The Community will be receptive to activities giving a prominent position to culture and sport in the context of informal education for young people.
In order to achieve the objectives of the programme, five categories of action are to be implemented on the basis of the measures described in Article 3 of the Decision:
– Youth for Europe
– European voluntary service
– Youth initiatives
– Joint actions
– Support measures.
ACTION 1 – YOUTH FOR EUROPE
Action 1.1: Intra-Community exchanges for young people
The Community will support mobility activities for young people provided that the activities in question last at least one week, are carried out on the basis of joint projects within the Community and involve groups of young people aged in principle between 15 and 25 years and legally resident in a Member State. The age limits may be slightly adjusted where justified by the specific circumstances of certain projects.
Those activities, based on transnational partnerships between groups of young people, are to involve their active participation and be designed to make it possible for them to discover and become aware of different social and cultural realities and to encourage them to participate in, or initiate, other activities at European level. Particular attention is to be paid to participation by young people for whom it is their first European activity and to small-scale or local groups without experience at European level.
In order to move towards a better balance between bilateral and multilateral activities, Community support will be progressively focused on multilateral group-mobility activities. Bilateral group mobility will receive funding if this is justified in terms of the target groups or a specific pedagogical approach.
Activities designed to strengthen the active involvement of young people in group mobility projects may receive funding under this action, particularly in the form of activities to provide the young people in question with linguistic and intercultural preparation.
Action 1.2: Exchanges of young people with third countries
The Community will support mobility activities for young people provided that the activities in question last at least one week, are carried out on the basis of joint projects and involve groups of young people aged in principle between 15 and 25 years and legally resident in a Member State or in a third country. These mobility activities are to involve at least two Member States.
Those activities, based on transnational partnerships between groups of young people are to involve their active participation and be designed to make it possible for them to discover and become aware of different social and cultural realities and to encourage them to participate in, or initiate, other activities at European level. Moreover, these projects are to make it possible for partners in the third countries to gain experience of this kind of activity in the field of informal education and to contribute to the development of youth work and associations in those countries.
Activities designed to strengthen the active involvement of young people in group mobility projects may receive funding, particularly in the form of activities to provide the young people in question with linguistic and intercultural preparation before their departure.
ACTION 2 – EUROPEAN VOLUNTARY SERVICE
For the purposes of this programme, “young volunteer” is taken to be a person aged in principle between 18 and 25 years and legally resident in a Member State.
Young volunteers will undertake, as active citizens, to carry out an activity which gives tangible form to solidarity, with the view to acquiring social and personal abilities and skills thus laying the foundations for their future development, while at the same time contributing to society. To this end, young volunteers will participate, in a Member State other than the one in which they reside, or in a third country, in a non-profit-making and unpaid activity of importance to the community and of a limited duration (12 months maximum) in the context of a project recognised by the Member State and the Community, in compliance with the aims of this programme set out in Article 2. In particular it should not result in job substitution. Full board and lodging as well as mentoring will be provided. The voluntary service project will ensure that young volunteers are covered by health and appropriate insurance. Young volunteers will receive an allowance/pocket money.
European voluntary service is based on a partnership and shared responsibilities between the young volunteers, the sending organisation and the host organisation.
In accordance with the provisions relating to the programme committee referred to in Article 8, a document, issued by the Commission, will attest to the participation of the young volunteers in European voluntary service and to the experience and skills that they have acquired during the relevant period.
Action 2.1: Intra-Community European voluntary service
The Community will support transnational projects (for a limited period ranging in principle from three weeks to one year) which involve young people, actively and personally, in activities designed to help meet the needs of society in a wide range of fields (social, sociocultural, environmental, cultural, etc.) which constitute at the same time an experience of informal education with a view to acquiring social and cultural skills. These projects are designed to bring young people into contact with other cultures and other languages and to experience new ideas and projects in a multicultural civil society.
The Community may support schemes, particularly those with a linguistic or intercultural element, which aim at preparing young volunteers for their departure and easing their social integration during those activities as well as when they have completed their period of European voluntary service. Particular attention is to be paid to pedagogical support and mentoring.
Action 2.2: European voluntary service with third countries
The Community will support transnational projects with third countries (for a limited period ranging in principle from three weeks to one year) which involve young people, actively and personally, in activities designed to help meet the needs of society in a wide range of fields (social, sociocultural, environmental, cultural, etc.) which constitute at the same time an experience of informal education with a view to acquiring social and cultural skills. These projects are designed to bring young people into contact with other cultures and other languages and to experience new ideas and projects in a multicultural civil society.
Support may be given to action laying or consolidating the necessary foundations for developing transnational European voluntary service projects with third countries.
The Community may support schemes, particularly those with a linguistic or intercultural element, which aim at preparing young volunteers for their departure and easing their social integration during those activities as well as when they have completed their period of European voluntary service. Particular attention is to be paid to pedagogical support and mentoring.
ACTION 3 – YOUTH INITIATIVES
In order to encourage initiative and creativity among young people, the Community will support projects in which young people actively and directly participate in innovative and creative schemes and in schemes which focus on the social commitment of young people at local, regional, national or European level. These projects will allow young people to develop their initiative and to put into practice activities of their own devising in which they play the key roles.
The Community will support initiatives designed to help young volunteers to make the best possible use of the experience they have gained during their period of voluntary service and to encourage their active integration into society. Those initiatives taken by young people after completing their European voluntary service will allow them to launch and promote activities of a social, cultural, sociocultural and economic nature and/or aim at their personal development. Priority access will be given to those young people most in need.
Support will aim at encouraging extension of these projects to include similar initiatives conducted in other Member States in order to strengthen their transnational nature and greatly expand exchanges of experience and cooperation between young people. This aid may include organising meetings of young promoters of Europe-wide initiatives. Financial aid may be granted towards the effective establishment of stable, transnational partnerships between such projects.
ACTION 4 – JOINT ACTIONS
Having regard to the need for a flexible and creative approach as a precondition for cooperation between sectors, Community aid may be granted for the actions referred to in Article 6 of the Decision and for activities to be undertaken jointly with other Community schemes relating to the Europe of knowledge, in particular Community programmes in the field of education and vocational training.
The Commission, in cooperation with the Member States, will aim at developing a common system of information, observation and dissemination concerning good practice in the field of knowledge and lifelong learning, alongside joint actions with regard to multimedia for educational and training purposes. Those projects will cover a range of schemes from a number of different sectors including youth. They may be funded in a complementary manner by a number of different Community programmes, and may be implemented by means of calls for joint projects.
Appropriate measures may be adopted to promote, at regional and local level, contact and interaction between those participating in this programme and in programmes dealing with vocational training and education. In this context, activities increasing awareness of the opportunities provided by the Community to young people may be supported.
ACTION 5 – SUPPORT MEASURES
Action 5.1: Training and cooperation in relation to those involved in youth policy
Funding shall be granted to:
1. Activities designed to give further training to persons involved in youth work, particularly European voluntary service instructors, youth workers/leaders, those running European projects and youth initiative counsellors, who take part in schemes directly involving young people, of the kind described in actions 1, 2 and 3 of the programme, the aim being to ensure that such schemes are of an appropriately high quality. Particular attention is to be paid to activities seeking to encourage the participation of those young people who find it most difficult to participate in Community actions.
2. Activities designed to develop European modules fulfilling the requirements for transnational cooperation.
3. Activities, such as study visits, feasibility studies, seminars, work-experience, which focus particularly on exchanges of experience and good practice in relation to joint actions or issues of common interest or which are designed to facilitate and promote the establishment of sustainable transnational partnerships and/or multilateral networks between those active in the field of youth work.
4. Experimental activities which comprise a source of innovation and enrichment of youth policy through the implementation of new approaches and new forms of cooperation, as well as through the shared efforts of participants from differing backgrounds.
5. Community support may also be given to conferences and seminars which seek to promote cooperation and the exchange of good practice in the field of youth, as well as to other promotion and dissemination measures regarding the results of the projects and activities supported within the framework of Community actions related to youth.
Activities associated with these measures may be solely intra-Community in nature or involve non-member countries. Particular attention is to be paid to those who work with youth at a regional or local level and who have no or little experience of, or scope for, contacts at European level, as well as to activities in which young people play the key roles.
Action 5.2: Information for young people and youth studies
1. In line with the objectives of the programme and in particular to improve access for all young people and to enhance their initiative and active participation in society, the Commission will encourage those active in the field of youth work to become involved in informing young people at European level, as well as boosting cooperation between the information and communication systems for young people established in the Member States and at Community level. In this context, particular stress is to be laid on broadening cooperation to include the fields of education and training, as well as on the dialogue both between and with young people.
2. Accordingly, funding is to be provided for initiatives involving:

Pending: 32000D0821

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Having regard to the opinion of the Economic and Social Committee,Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on “Challenges and opportunities of the digital age” in Birmingham. This consultation process revealed the need for an enhanced programme of support for the European audiovisual industry, in particular in the area of the development, distribution and promotion of European audiovisual works. Moreover, in the digital age, activities in the audiovisual field also contribute towards the creation of new jobs, particularly in the production and dissemination of audiovisual content.(2) On 28 May 1998, the Council, in approving the outcome of the European Audiovisual Conference in Birmingham, highlighted the desirability of encouraging the development of a strong and competitive European audiovisual programme industry, taking particular account of Europe’s cultural diversity and the specific conditions obtaining in restricted linguistic areas.(3) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998 entitled “The Digital Age: European Audiovisual Policy” recognises the need to strengthen support measures for the cinematographic and audiovisual industry, in particular by endowing the MEDIA programme with resources commensurate with the size and strategic importance of the industry.(4) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled “European content for the digital millennium”, organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(5) In the communication from the Commission to the European Parliament and the Council of Ministers entitled “Audiovisual policy: Next Steps” the Commission recognises the need for increased public support, particularly at Community level, for strengthening the competitiveness of the European audiovisual industry.(6) The Green Paper on the “The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation” underlines the risk of a shortage of good quality content on the digital and analogue television market.(7) The Commission’s public consultation on the Green Paper, highlighted the need to establish a framework to underpin the distribution and promotion of European audiovisual content for the traditional and new media in a digital environment.(8) In its conclusions of 27 September 1999 concerning the results of the public consultation on the Convergence Green Paper(1), the Council called upon the Commission to take account of these results when drawing up proposals for measures for the strengthening of the European audiovisual industry, including the multimedia industry.(9) In its Communication of 14 December 1999 on “Principles and Guidelines for the Community’s Audiovisual Policy in the Digital Age”, the Commission defined its priorities in the audiovisual sector for the period 2000 to 2005.(10) The Commission implemented an “Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)”, adopted by Council Decision 90/685/EEC(2), and which comprised in particular measures designed to support the development and distribution of European audiovisual works.(11) Further to the Green Paper “Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union”, the Commission submitted in November 1995 a proposal for a Council Decision establishing a European Guarantee Fund to promote cinema and television production(3), on which the European Parliament delivered a favourable opinion on 22 October 1996(4).(12) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II Programme (1996-2000), adopted by Council Decision 95/563/EC(5) and by Council Decision 95/564/EC(6). It is appropriate, on the basis of the experience acquired from the Programme, to ensure its extension, taking into account the results obtained.(13) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community aid to national aid, since the areas in which MEDIA II intervenes complement the areas in which national support mechanisms traditionally intervene.(14) It is necessary to take cultural aspects of the audiovisual sector into account in accordance with Article 151(4) of the Treaty.(15) In accordance with the negotiating mandate given to the Commission by the Council, during the forthcoming World Trade Organisation (WTO) negotiations the Union should ensure, as in the Uruguay Round, that the Community and its Member States maintain the possibility to preserve and develop their capacity to define and implement their cultural and audiovisual policies for the purpose of preserving their cultural diversity.(16) Taking the same approach, the European Parliament, in its Resolution of 18 November 1999, recognised the European audiovisual sector’s special role in sustaining cultural pluralism, a healthy economy and freedom of expression, reaffirmed its commitment to the freedom of action in the sphere of audiovisual policy obtained at the Uruguay Round, and took the view that the General Agreement on Trade in Services (GATS) rules on cultural services, in particular in the audiovisual sector, should not jeopardise the cultural diversity and autonomy of the WTO contracting parties.(17) In order to increase the added value of the Community measures, it is necessary to ensure complementarity between the measures taken at Community level and national forms of support.(18) It is necessary to establish consistency between this Decision and the action of the Commission on national measures to support the audiovisual sector, especially in the interests of preserving cultural diversity in Europe, by enabling national policies to develop adequately the potential for production in Member States. In addition, Community support can be combined with any public support.(19) The emergence of a European audiovisual market necessitates the development and production of European works, i.e. works originating in the Member States as well as works originating in European third countries participating in the MEDIA Plus programme or having a cooperation framework satisfying the conditions set out in Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(7).(20) In the next few years the digital revolution will mean that European audiovisual works will become more easily accessible thanks to new ways of transporting audiovisual content, and will become more widely available outside their country of origin.(21) The competitiveness of the audiovisual programme industry depends on the use of new technologies at the programme development, production and distribution stages. It is therefore appropriate to ensure suitable and effective coordination with the measures undertaken in the field of new technologies, in particular the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002), as adopted by Decision No 182/1999/EC of the European Parliament and of the Council(8), the future Sixth Framework Programme, and new opportunities for multilingual production, in order to make for consistency with the measures to be undertaken under those programmes, focusing in particular on the needs and potential of small and medium-sized enterprises (SMEs) operating on the audiovisual market.(22) In order to support European audiovisual projects, the Commission will examine the possibility of additional funding under other Community instruments, notably in the framework of “e-Europe” and the initiatives resulting from the Lisbon European Council conclusions, such as the European Investment Bank (EIB), the European Investment Fund (EIF) and the research framework programmes. The professionals in the audiovisual sector should be informed of the various support arrangements available to them within the framework of the European Union.(23) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the ongoing review of EIB and EIF financial instruments in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital initiatives and guarantee arrangements proposed by the EIB and the EIF. In this connection, particular attention should be paid to the audiovisual industry, in order to improve its access to capital markets and increase its competitiveness.(24) In its report to the European Council, entitled “Job Opportunities in the Information Society”, the Commission referred to the major job-creation potential provided by the new audiovisual services.(25) In its Communication on Community policies in support of employment, the Commission recognised the MEDIA II Programme’s positive impact on employment in the audiovisual sector.(26) It is appropriate therefore to facilitate the development of investment in the European audiovisual industry and to call on the Member States to encourage job-creation in that industry by various means.(27) The MEDIA Plus programme should allow the establishment of an environment conducive to entrepreneurial skills and investment, so as to guarantee a place for the European audiovisual sector in the global economy and the effective promotion of cultural diversity.(28) The contribution that SMEs can make to the development of the audiovisual sector should be turned to good account.(29) There is a need to improve the conditions for distributing and promoting European cinematographic works on the European and international markets. Cooperation between international and national distributors, cinema owners and producers should be encouraged; networking by distributors, in particular SMEs, should also be encouraged, and support should be given to concerted action to promote common programming measures at European level.(30) There is a need to improve the television broadcasting prospects of European works on the European and international markets. Given the leading role which television channels can play in disseminating European works and the inadequate time they currently devote to such works in their scheduling, it is important that European broadcasters (as defined in Article 2 of Directive 89/552/EEC), encourage the European transmission of programmes by purchasing works produced in other Member States.(31) There is a need to facilitate market access for independent European production and distribution companies, and to promote both European works and European companies in the audiovisual sector.(32) Public access to the European audiovisual heritage should be improved, in particular through its digitisation and networking at European level.(33) European content holders should be encouraged to digitise and network their catalogues, including their archives and cinematographic heritage.(34) Support for development, distribution and promotion should take account of structural objectives, such as developing potential in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, and/or the development of an independent European production sector, in particular SMEs.(35) The associated countries of Central and Eastern Europe, as well as Cyprus, Malta, Turkey and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries.(36) The other countries of Europe which are parties to the European Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled to participate in this Programme on the basis of supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties. Those countries should be able, if they wish, and regard being had to budgetary considerations or the priorities of their audiovisual industries, to participate in the programme and to benefit under a more limited cooperation formula, on the basis of supplementary appropriations and specific arrangements to be agreed between the interested parties.(37) The opening-up of the Programme to European third countries is subject to prior examination of the compatibility of their national legislation with the Community acquis, in particular with Council Directive 89/552/EEC.(38) Cooperation with non-European third countries, developed on the basis of mutual and balanced interests, may enable the European audiovisual industry to derive an added value in terms of the promotion, market access, distribution, dissemination and exploitation of European works in those countries. The inclusion of third countries will increase awareness of the cultural diversity of Europe and promote the spread of common democratic values. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be established in the agreements between the interested parties.(39) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(9) is included in this Decision for the entire duration of the programme, without prejudice to the powers of the budgetary authority as defined by the Treaty.(40) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10),HAS DECIDED AS FOLLOWS:Article 1Establishment and objectives of the Programme1. A programme, (hereinafter referred to as “the Programme”), is hereby established to encourage the development, distribution and promotion of European audiovisual works within and outside the Community, to run from 1 January 2001 to 31 December 2005, for the purpose of strengthening the European audiovisual industry.2. The objectives of the Programme shall be as follows:(a) an improvement in the competitiveness of the European audiovisual sector – including small and medium-sized enterprises – on the European and international markets, by supporting the development, distribution and promotion of European audiovisual works, taking account of the development of new technologies;(b) strengthening the sectors which help improve the transnational movement of European works;(c) respect for and promotion of linguistic and cultural diversity in Europe;(d) enhancing the European audiovisual heritage, in particular by digitisation and networking;(e) development of the audiovisual sector in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area and strengthening networking and transnational cooperation between small and medium-sized enterprises;(f) the dissemination of new types of audiovisual content using new technologies.Those objectives shall be realised in accordance with the detailed arrangements set out in the Annex.Article 2Specific objectives of the Programme in the development fieldIn the development field, the specific objectives of the Programme shall be as follows:(a) to promote, by providing financial support, the development of production projects (dramas for cinema or television, creative documentaries, animated films for television or cinema, works exploiting the audiovisual and cinematographic heritage) submitted by independent enterprises, in particular small and medium-sized, and aimed at the European and international markets;(b) to promote, by providing financial support, the development of production projects that make use of new creation, production and dissemination technologies.Article 3Specific objectives of the Programme in the fields of distribution and disseminationIn the fields of distribution and dissemination, the specific objectives of the Programme shall be as follows:(a) to strengthen the European distribution sector in the field of cinema by encouraging distributors to invest in the production, acquisition, marketing and promotion of distribution rights and promotion of non-domestic European cinema films;(b) to foster the wider transnational dissemination of non-domestic European films, on the European and international markets, through initiatives to stimulate their distribution and their screening in cinemas, inter alia by encouraging coordinated marketing strategies;(c) to strengthen the distribution sector for European works on media intended for private use, by encouraging distributors to invest in digital technology and in the promotion of non-domestic European works;(d) to promote the movement, in the Community and outside it, of European television programmes produced by independent companies by encouraging cooperation between broadcasters, on one hand, and independent European distributors and producers, on the other hand;(e) to encourage the creation of catalogues of European works in digital format intended for exploitation on new media;(f) to support the linguistic diversity of European audiovisual and cinematographic works.Article 4Specific objectives of the Programme in the field of promotion and market accessIn the field of promotion and market access, the Programme shall aim to:(a) facilitate and encourage the promotion and movement of European audiovisual and cinematographic works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;(b) encourage the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.Article 5Financial provisions1. Beneficiaries of Community support shall provide a substantial proportion of funding, which may include any other public funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may reach as much as 60 % of the cost of operations.2. The financial reference amount for implementation of the Programme for the period referred to in

Article 1
Establishment and objectives of the Programme
1. A programme, (hereinafter referred to as “the Programme”), is hereby established to encourage the development, distribution and promotion of European audiovisual works within and outside the Community, to run from 1 January 2001 to 31 December 2005, for the purpose of strengthening the European audiovisual industry.
2. The objectives of the Programme shall be as follows:
(a) an improvement in the competitiveness of the European audiovisual sector – including small and medium-sized enterprises – on the European and international markets, by supporting the development, distribution and promotion of European audiovisual works, taking account of the development of new technologies;
(b) strengthening the sectors which help improve the transnational movement of European works;
(c) respect for and promotion of linguistic and cultural diversity in Europe;
(d) enhancing the European audiovisual heritage, in particular by digitisation and networking;
(e) development of the audiovisual sector in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area and strengthening networking and transnational cooperation between small and medium-sized enterprises;
(f) the dissemination of new types of audiovisual content using new technologies.
Those objectives shall be realised in accordance with the detailed arrangements set out in the Annex.

Article 2
Specific objectives of the Programme in the development field
In the development field, the specific objectives of the Programme shall be as follows:
(a) to promote, by providing financial support, the development of production projects (dramas for cinema or television, creative documentaries, animated films for television or cinema, works exploiting the audiovisual and cinematographic heritage) submitted by independent enterprises, in particular small and medium-sized, and aimed at the European and international markets;
(b) to promote, by providing financial support, the development of production projects that make use of new creation, production and dissemination technologies.

Article 3
Specific objectives of the Programme in the fields of distribution and dissemination
In the fields of distribution and dissemination, the specific objectives of the Programme shall be as follows:
(a) to strengthen the European distribution sector in the field of cinema by encouraging distributors to invest in the production, acquisition, marketing and promotion of distribution rights and promotion of non-domestic European cinema films;
(b) to foster the wider transnational dissemination of non-domestic European films, on the European and international markets, through initiatives to stimulate their distribution and their screening in cinemas, inter alia by encouraging coordinated marketing strategies;
(c) to strengthen the distribution sector for European works on media intended for private use, by encouraging distributors to invest in digital technology and in the promotion of non-domestic European works;
(d) to promote the movement, in the Community and outside it, of European television programmes produced by independent companies by encouraging cooperation between broadcasters, on one hand, and independent European distributors and producers, on the other hand;
(e) to encourage the creation of catalogues of European works in digital format intended for exploitation on new media;
(f) to support the linguistic diversity of European audiovisual and cinematographic works.

Article 4
Specific objectives of the Programme in the field of promotion and market access
In the field of promotion and market access, the Programme shall aim to:
(a) facilitate and encourage the promotion and movement of European audiovisual and cinematographic works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;
(b) encourage the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.

Article 5
Financial provisions
1. Beneficiaries of Community support shall provide a substantial proportion of funding, which may include any other public funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may reach as much as 60 % of the cost of operations.
2. The financial reference amount for implementation of the Programme for the period referred to in Article 1(1) shall be EUR 350 million. An indicative breakdown of that amount by sector is set out in section 1.5 of the Annex. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Without prejudice to the agreements and conventions to which the Community is a contracting party, undertakings benefiting from the Programme must be owned and continue to be owned, whether directly or by majority participation, by Member States and/or by nationals of Member States.

Article 6
Financial support
Financial support under the Programme may be granted in the form of conditionally repayable advances, or subsidies, as defined in the Annex. The repayments under the Programme, together with the repayments from operations carried out under the MEDIA programme (1991-1995) and MEDIA II programme (1996-2000), shall be allocated to the requirements of the MEDIA Plus Programme.

Article 7
Implementation of this Decision
1. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):
(a) the general guidelines for all the measures described in the Annex;
(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;
(c) questions concerning the annual internal breakdown of the Programme resources, including the breakdown between measures in the development, promotion and distribution sectors;
(d) the arrangements for monitoring and assessing actions;
(e) any proposal for the allocation of Community funds in excess of EUR 200000 in the case of development, or EUR 300000 in the case of distribution and EUR 200000 per beneficiary and per year in the case of promotion. These thresholds may be reviewed by the Committee in the light of experience;
(f) the choice of pilot projects provided for in Article 10.
2. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3). This procedure shall also apply to the final choice of technical assistance offices.
3. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.
4. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of this Decision, in particular the use of the available resources.

Article 8
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
4. The committee shall adopt its rules of procedure.

Article 9
Consistency and complementarity
1. When implementing the Programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other Community policies, programmes and actions that impinge upon the audiovisual field.
2. The Commission shall ensure that there is effective liaison between this Programme and programmes and actions in the audiovisual field being carried out under Community cooperation with non-member countries and the relevant international organisations.

Article 10
Pilot projects
1. Pilot projects shall be implemented throughout the duration of the Programme aimed at improving access to European audiovisual content and at taking advantage of opportunities arising from the development and introduction of new and innovative technologies, including digitisation and new methods of dissemination.
2. In selecting the pilot projects to be implemented, the Commission shall be advised by technical consultation groups composed of experts designated by the Member States. The list of potential projects shall be submitted to the Committee regularly in accordance with the procedure laid down in Article 8(2).

Article 11
Opening of the Programme to non-member countries
1. The Programme shall be open to the participation of the associated countries of Central and Eastern Europe in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.
2. The Programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.
3. The Programme shall be open to the participation of the countries which are parties to the Council of Europe Convention on Transfrontier Television other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with conditions to be established in the agreements between the interested parties.
4. The opening-up of the Programme to the European third countries referred to in paragraphs 1, 2 and 3 shall be subject to prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Directive 89/552/EEC.
5. The Programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and the specific arrangements, including cost sharing under agreed procedures, to be established in agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the Programme may be eligible for cooperation with the Programme under the conditions set out in this paragraph.

Article 12
Monitoring and evaluation
1. The Commission shall guarantee that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation. It shall ensure the accessibility of the programme and the transparency of its implementation.
2. After the completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.
3. After two years’ implementation, the Commission shall, after bringing the matter before the Media Committee, present to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the impact and effectiveness of the Programme on the basis of the results obtained. This report shall be accompanied, if need be, by any proposals for adjustments.
4. On completion of the Programme the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a detailed report on the implementation and results of the Programme.

Article 13
Entry into force
This Decision shall take effect on 1 January 2001.
Done at Brussels, 20 December 2000.
For the Council
The President
(1) OJ C 283, 6.10.1999, p. 1.
(2) OJ L 380, 31.12.1990, p. 37.
(3) OJ C 41, 13.2.1996, p. 8.
(4) OJ C 347, 18.11.1996, p. 33.
(5) OJ L 321, 30.12.1995, p. 25.
(6) OJ L 321, 30.12.1995, p. 33.
(7) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).
(8) OJ L 26, 1.2.1999, p. 1.
(9) OJ C 172, 18.6.1999, p. 1.
(10) OJ L 184, 17.7.1999, p. 23.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 157(3) thereof,Having regard to the proposal from the Commission,Having regard to the opinion of the European Parliament,Having regard to the opinion of the Economic and Social Committee,Whereas:(1) From 6 to 8 April 1998, the Commission, in cooperation with the Presidency-in-office, held a European audiovisual conference on “Challenges and opportunities of the digital age” in Birmingham. This consultation process revealed the need for an enhanced programme of support for the European audiovisual industry, in particular in the area of the development, distribution and promotion of European audiovisual works. Moreover, in the digital age, activities in the audiovisual field also contribute towards the creation of new jobs, particularly in the production and dissemination of audiovisual content.(2) On 28 May 1998, the Council, in approving the outcome of the European Audiovisual Conference in Birmingham, highlighted the desirability of encouraging the development of a strong and competitive European audiovisual programme industry, taking particular account of Europe’s cultural diversity and the specific conditions obtaining in restricted linguistic areas.(3) The Report of the High-Level Group on Audiovisual Policy of 26 October 1998 entitled “The Digital Age: European Audiovisual Policy” recognises the need to strengthen support measures for the cinematographic and audiovisual industry, in particular by endowing the MEDIA programme with resources commensurate with the size and strategic importance of the industry.(4) The challenges of production, distribution and availability of European audiovisual content were the main topics discussed at the Forum on Audiovisual Policy entitled “European content for the digital millennium”, organised in Helsinki on 10 and 11 September 1999 by the Presidency-in-office in cooperation with the Commission.(5) In the communication from the Commission to the European Parliament and the Council of Ministers entitled “Audiovisual policy: Next Steps” the Commission recognises the need for increased public support, particularly at Community level, for strengthening the competitiveness of the European audiovisual industry.(6) The Green Paper on the “The Convergence of the Telecommunications, Media and Information Technology Sectors, and the Implications for Regulation” underlines the risk of a shortage of good quality content on the digital and analogue television market.(7) The Commission’s public consultation on the Green Paper, highlighted the need to establish a framework to underpin the distribution and promotion of European audiovisual content for the traditional and new media in a digital environment.(8) In its conclusions of 27 September 1999 concerning the results of the public consultation on the Convergence Green Paper(1), the Council called upon the Commission to take account of these results when drawing up proposals for measures for the strengthening of the European audiovisual industry, including the multimedia industry.(9) In its Communication of 14 December 1999 on “Principles and Guidelines for the Community’s Audiovisual Policy in the Digital Age”, the Commission defined its priorities in the audiovisual sector for the period 2000 to 2005.(10) The Commission implemented an “Action programme to promote the development of the European audiovisual industry (MEDIA) (1991-1995)”, adopted by Council Decision 90/685/EEC(2), and which comprised in particular measures designed to support the development and distribution of European audiovisual works.(11) Further to the Green Paper “Strategy options to strengthen the European programme industry in the context of the audiovisual policy of the European Union”, the Commission submitted in November 1995 a proposal for a Council Decision establishing a European Guarantee Fund to promote cinema and television production(3), on which the European Parliament delivered a favourable opinion on 22 October 1996(4).(12) The Community strategy for developing and strengthening the European audiovisual industry was confirmed under the MEDIA II Programme (1996-2000), adopted by Council Decision 95/563/EC(5) and by Council Decision 95/564/EC(6). It is appropriate, on the basis of the experience acquired from the Programme, to ensure its extension, taking into account the results obtained.(13) In its report on the results obtained under the MEDIA II (1996-2000) programme, from 1 January 1996 to 30 June 1998, the Commission considers that the programme meets the principle of the subsidiarity of Community aid to national aid, since the areas in which MEDIA II intervenes complement the areas in which national support mechanisms traditionally intervene.(14) It is necessary to take cultural aspects of the audiovisual sector into account in accordance with Article 151(4) of the Treaty.(15) In accordance with the negotiating mandate given to the Commission by the Council, during the forthcoming World Trade Organisation (WTO) negotiations the Union should ensure, as in the Uruguay Round, that the Community and its Member States maintain the possibility to preserve and develop their capacity to define and implement their cultural and audiovisual policies for the purpose of preserving their cultural diversity.(16) Taking the same approach, the European Parliament, in its Resolution of 18 November 1999, recognised the European audiovisual sector’s special role in sustaining cultural pluralism, a healthy economy and freedom of expression, reaffirmed its commitment to the freedom of action in the sphere of audiovisual policy obtained at the Uruguay Round, and took the view that the General Agreement on Trade in Services (GATS) rules on cultural services, in particular in the audiovisual sector, should not jeopardise the cultural diversity and autonomy of the WTO contracting parties.(17) In order to increase the added value of the Community measures, it is necessary to ensure complementarity between the measures taken at Community level and national forms of support.(18) It is necessary to establish consistency between this Decision and the action of the Commission on national measures to support the audiovisual sector, especially in the interests of preserving cultural diversity in Europe, by enabling national policies to develop adequately the potential for production in Member States. In addition, Community support can be combined with any public support.(19) The emergence of a European audiovisual market necessitates the development and production of European works, i.e. works originating in the Member States as well as works originating in European third countries participating in the MEDIA Plus programme or having a cooperation framework satisfying the conditions set out in Council Directive 89/552/EEC of 3 October 1989 on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities(7).(20) In the next few years the digital revolution will mean that European audiovisual works will become more easily accessible thanks to new ways of transporting audiovisual content, and will become more widely available outside their country of origin.(21) The competitiveness of the audiovisual programme industry depends on the use of new technologies at the programme development, production and distribution stages. It is therefore appropriate to ensure suitable and effective coordination with the measures undertaken in the field of new technologies, in particular the Fifth Framework Programme of the European Community for research, technological development and demonstration activities (1998-2002), as adopted by Decision No 182/1999/EC of the European Parliament and of the Council(8), the future Sixth Framework Programme, and new opportunities for multilingual production, in order to make for consistency with the measures to be undertaken under those programmes, focusing in particular on the needs and potential of small and medium-sized enterprises (SMEs) operating on the audiovisual market.(22) In order to support European audiovisual projects, the Commission will examine the possibility of additional funding under other Community instruments, notably in the framework of “e-Europe” and the initiatives resulting from the Lisbon European Council conclusions, such as the European Investment Bank (EIB), the European Investment Fund (EIF) and the research framework programmes. The professionals in the audiovisual sector should be informed of the various support arrangements available to them within the framework of the European Union.(23) In accordance with the conclusions of the Lisbon European Council, the Council and Commission are to report by the end of 2000 on the ongoing review of EIB and EIF financial instruments in order to redirect funding towards business start-ups, high-tech firms and micro-enterprises, as well as other risk capital initiatives and guarantee arrangements proposed by the EIB and the EIF. In this connection, particular attention should be paid to the audiovisual industry, in order to improve its access to capital markets and increase its competitiveness.(24) In its report to the European Council, entitled “Job Opportunities in the Information Society”, the Commission referred to the major job-creation potential provided by the new audiovisual services.(25) In its Communication on Community policies in support of employment, the Commission recognised the MEDIA II Programme’s positive impact on employment in the audiovisual sector.(26) It is appropriate therefore to facilitate the development of investment in the European audiovisual industry and to call on the Member States to encourage job-creation in that industry by various means.(27) The MEDIA Plus programme should allow the establishment of an environment conducive to entrepreneurial skills and investment, so as to guarantee a place for the European audiovisual sector in the global economy and the effective promotion of cultural diversity.(28) The contribution that SMEs can make to the development of the audiovisual sector should be turned to good account.(29) There is a need to improve the conditions for distributing and promoting European cinematographic works on the European and international markets. Cooperation between international and national distributors, cinema owners and producers should be encouraged; networking by distributors, in particular SMEs, should also be encouraged, and support should be given to concerted action to promote common programming measures at European level.(30) There is a need to improve the television broadcasting prospects of European works on the European and international markets. Given the leading role which television channels can play in disseminating European works and the inadequate time they currently devote to such works in their scheduling, it is important that European broadcasters (as defined in Article 2 of Directive 89/552/EEC), encourage the European transmission of programmes by purchasing works produced in other Member States.(31) There is a need to facilitate market access for independent European production and distribution companies, and to promote both European works and European companies in the audiovisual sector.(32) Public access to the European audiovisual heritage should be improved, in particular through its digitisation and networking at European level.(33) European content holders should be encouraged to digitise and network their catalogues, including their archives and cinematographic heritage.(34) Support for development, distribution and promotion should take account of structural objectives, such as developing potential in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area, and/or the development of an independent European production sector, in particular SMEs.(35) The associated countries of Central and Eastern Europe, as well as Cyprus, Malta, Turkey and those EFTA countries which are parties to the EEA Agreement are recognised as potential participants in Community programmes on the basis of supplementary appropriations and in accordance with the procedures to be agreed with those countries.(36) The other countries of Europe which are parties to the European Convention on Transfrontier Television are an integral part of the European audiovisual area and should therefore be enabled to participate in this Programme on the basis of supplementary appropriations, in accordance with the procedures to be established in the agreements between the interested parties. Those countries should be able, if they wish, and regard being had to budgetary considerations or the priorities of their audiovisual industries, to participate in the programme and to benefit under a more limited cooperation formula, on the basis of supplementary appropriations and specific arrangements to be agreed between the interested parties.(37) The opening-up of the Programme to European third countries is subject to prior examination of the compatibility of their national legislation with the Community acquis, in particular with Council Directive 89/552/EEC.(38) Cooperation with non-European third countries, developed on the basis of mutual and balanced interests, may enable the European audiovisual industry to derive an added value in terms of the promotion, market access, distribution, dissemination and exploitation of European works in those countries. The inclusion of third countries will increase awareness of the cultural diversity of Europe and promote the spread of common democratic values. Such cooperation should be developed on the basis of supplementary appropriations and specific arrangements to be established in the agreements between the interested parties.(39) A financial reference amount, within the meaning of point 34 of the Interinstitutional Agreement of 6 May 1999 between the European Parliament, the Council and the Commission on budgetary discipline and improvement of the budgetary procedure(9) is included in this Decision for the entire duration of the programme, without prejudice to the powers of the budgetary authority as defined by the Treaty.(40) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(10),HAS DECIDED AS FOLLOWS:Article 1Establishment and objectives of the Programme1. A programme, (hereinafter referred to as “the Programme”), is hereby established to encourage the development, distribution and promotion of European audiovisual works within and outside the Community, to run from 1 January 2001 to 31 December 2005, for the purpose of strengthening the European audiovisual industry.2. The objectives of the Programme shall be as follows:(a) an improvement in the competitiveness of the European audiovisual sector – including small and medium-sized enterprises – on the European and international markets, by supporting the development, distribution and promotion of European audiovisual works, taking account of the development of new technologies;(b) strengthening the sectors which help improve the transnational movement of European works;(c) respect for and promotion of linguistic and cultural diversity in Europe;(d) enhancing the European audiovisual heritage, in particular by digitisation and networking;(e) development of the audiovisual sector in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area and strengthening networking and transnational cooperation between small and medium-sized enterprises;(f) the dissemination of new types of audiovisual content using new technologies.Those objectives shall be realised in accordance with the detailed arrangements set out in the Annex.Article 2Specific objectives of the Programme in the development fieldIn the development field, the specific objectives of the Programme shall be as follows:(a) to promote, by providing financial support, the development of production projects (dramas for cinema or television, creative documentaries, animated films for television or cinema, works exploiting the audiovisual and cinematographic heritage) submitted by independent enterprises, in particular small and medium-sized, and aimed at the European and international markets;(b) to promote, by providing financial support, the development of production projects that make use of new creation, production and dissemination technologies.Article 3Specific objectives of the Programme in the fields of distribution and disseminationIn the fields of distribution and dissemination, the specific objectives of the Programme shall be as follows:(a) to strengthen the European distribution sector in the field of cinema by encouraging distributors to invest in the production, acquisition, marketing and promotion of distribution rights and promotion of non-domestic European cinema films;(b) to foster the wider transnational dissemination of non-domestic European films, on the European and international markets, through initiatives to stimulate their distribution and their screening in cinemas, inter alia by encouraging coordinated marketing strategies;(c) to strengthen the distribution sector for European works on media intended for private use, by encouraging distributors to invest in digital technology and in the promotion of non-domestic European works;(d) to promote the movement, in the Community and outside it, of European television programmes produced by independent companies by encouraging cooperation between broadcasters, on one hand, and independent European distributors and producers, on the other hand;(e) to encourage the creation of catalogues of European works in digital format intended for exploitation on new media;(f) to support the linguistic diversity of European audiovisual and cinematographic works.Article 4Specific objectives of the Programme in the field of promotion and market accessIn the field of promotion and market access, the Programme shall aim to:(a) facilitate and encourage the promotion and movement of European audiovisual and cinematographic works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;(b) encourage the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.Article 5Financial provisions1. Beneficiaries of Community support shall provide a substantial proportion of funding, which may include any other public funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may reach as much as 60 % of the cost of operations.2. The financial reference amount for implementation of the Programme for the period referred to in
Establishment and objectives of the Programme
1. A programme, (hereinafter referred to as “the Programme”), is hereby established to encourage the development, distribution and promotion of European audiovisual works within and outside the Community, to run from 1 January 2001 to 31 December 2005, for the purpose of strengthening the European audiovisual industry.
2. The objectives of the Programme shall be as follows:
(a) an improvement in the competitiveness of the European audiovisual sector – including small and medium-sized enterprises – on the European and international markets, by supporting the development, distribution and promotion of European audiovisual works, taking account of the development of new technologies;
(b) strengthening the sectors which help improve the transnational movement of European works;
(c) respect for and promotion of linguistic and cultural diversity in Europe;
(d) enhancing the European audiovisual heritage, in particular by digitisation and networking;
(e) development of the audiovisual sector in countries or regions with a low audiovisual production capacity and/or a restricted linguistic or geographical area and strengthening networking and transnational cooperation between small and medium-sized enterprises;
(f) the dissemination of new types of audiovisual content using new technologies.
Those objectives shall be realised in accordance with the detailed arrangements set out in the Annex.
Specific objectives of the Programme in the development field
In the development field, the specific objectives of the Programme shall be as follows:
(a) to promote, by providing financial support, the development of production projects (dramas for cinema or television, creative documentaries, animated films for television or cinema, works exploiting the audiovisual and cinematographic heritage) submitted by independent enterprises, in particular small and medium-sized, and aimed at the European and international markets;
(b) to promote, by providing financial support, the development of production projects that make use of new creation, production and dissemination technologies.
Specific objectives of the Programme in the fields of distribution and dissemination
In the fields of distribution and dissemination, the specific objectives of the Programme shall be as follows:
(a) to strengthen the European distribution sector in the field of cinema by encouraging distributors to invest in the production, acquisition, marketing and promotion of distribution rights and promotion of non-domestic European cinema films;
(b) to foster the wider transnational dissemination of non-domestic European films, on the European and international markets, through initiatives to stimulate their distribution and their screening in cinemas, inter alia by encouraging coordinated marketing strategies;
(c) to strengthen the distribution sector for European works on media intended for private use, by encouraging distributors to invest in digital technology and in the promotion of non-domestic European works;
(d) to promote the movement, in the Community and outside it, of European television programmes produced by independent companies by encouraging cooperation between broadcasters, on one hand, and independent European distributors and producers, on the other hand;
(e) to encourage the creation of catalogues of European works in digital format intended for exploitation on new media;
(f) to support the linguistic diversity of European audiovisual and cinematographic works.
Specific objectives of the Programme in the field of promotion and market access
In the field of promotion and market access, the Programme shall aim to:
(a) facilitate and encourage the promotion and movement of European audiovisual and cinematographic works at trade shows, fairs and audiovisual festivals in Europe and around the globe, insofar as such events may play an important role in the promotion of European works and the networking of professionals;
(b) encourage the networking of European operators, by supporting joint activities on the European and international markets by national public or private promotion bodies.
Financial provisions
1. Beneficiaries of Community support shall provide a substantial proportion of funding, which may include any other public funding. Community funding shall not exceed 50 % of the cost of operations. However, in the cases expressly provided for in the Annex, this proportion may reach as much as 60 % of the cost of operations.
2. The financial reference amount for implementation of the Programme for the period referred to in Article 1(1) shall be EUR 350 million. An indicative breakdown of that amount by sector is set out in section 1.5 of the Annex. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
3. Without prejudice to the agreements and conventions to which the Community is a contracting party, undertakings benefiting from the Programme must be owned and continue to be owned, whether directly or by majority participation, by Member States and/or by nationals of Member States.
Financial support
Financial support under the Programme may be granted in the form of conditionally repayable advances, or subsidies, as defined in the Annex. The repayments under the Programme, together with the repayments from operations carried out under the MEDIA programme (1991-1995) and MEDIA II programme (1996-2000), shall be allocated to the requirements of the MEDIA Plus Programme.
Implementation of this Decision
1. The measures necessary for the implementation of this Decision concerning the matters referred to below shall be adopted in accordance with the management procedure referred to in Article 8(2):
(a) the general guidelines for all the measures described in the Annex;
(b) the content of the calls for proposals, the definition of the criteria and the procedures for the selection of projects;
(c) questions concerning the annual internal breakdown of the Programme resources, including the breakdown between measures in the development, promotion and distribution sectors;
(d) the arrangements for monitoring and assessing actions;
(e) any proposal for the allocation of Community funds in excess of EUR 200000 in the case of development, or EUR 300000 in the case of distribution and EUR 200000 per beneficiary and per year in the case of promotion. These thresholds may be reviewed by the Committee in the light of experience;
(f) the choice of pilot projects provided for in Article 10.
2. The measures necessary for the implementation of this Decision concerning all the other matters shall be adopted in accordance with the advisory procedure referred to in Article 8(3). This procedure shall also apply to the final choice of technical assistance offices.
3. Technical assistance shall be governed by the provisions adopted pursuant to the Financial Regulation.
4. The Commission shall give the European Parliament and the Council regular and timely notice of the implementation of this Decision, in particular the use of the available resources.
Committee procedure
1. The Commission shall be assisted by a committee.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at two months.
3. Where reference is made to this paragraph, Articles 3 and 7 of Decision 1999/468/EC shall apply.
4. The committee shall adopt its rules of procedure.
Consistency and complementarity
1. When implementing the Programme, the Commission shall, in close cooperation with the Member States, ensure general consistency and complementarity with other Community policies, programmes and actions that impinge upon the audiovisual field.
2. The Commission shall ensure that there is effective liaison between this Programme and programmes and actions in the audiovisual field being carried out under Community cooperation with non-member countries and the relevant international organisations.
Pilot projects
1. Pilot projects shall be implemented throughout the duration of the Programme aimed at improving access to European audiovisual content and at taking advantage of opportunities arising from the development and introduction of new and innovative technologies, including digitisation and new methods of dissemination.
2. In selecting the pilot projects to be implemented, the Commission shall be advised by technical consultation groups composed of experts designated by the Member States. The list of potential projects shall be submitted to the Committee regularly in accordance with the procedure laid down in Article 8(2).
Opening of the Programme to non-member countries
1. The Programme shall be open to the participation of the associated countries of Central and Eastern Europe in accordance with the conditions laid down in the association agreements or their additional protocols relating to participation in Community programmes concluded or to be concluded with those countries.
2. The Programme shall be open to the participation of Cyprus, Malta, Turkey and those EFTA countries which are members of the EEA Agreement, on the basis of supplementary appropriations, in accordance with the procedures to be agreed with those countries.
3. The Programme shall be open to the participation of the countries which are parties to the Council of Europe Convention on Transfrontier Television other than those referred to in paragraphs 1 and 2, on the basis of supplementary appropriations, in accordance with conditions to be established in the agreements between the interested parties.
4. The opening-up of the Programme to the European third countries referred to in paragraphs 1, 2 and 3 shall be subject to prior examination as to the compatibility of their national legislation with the Community acquis, including the second subparagraph of Article 6(1) of Directive 89/552/EEC.
5. The Programme shall also be open to cooperation with other third countries on the basis of supplementary appropriations and the specific arrangements, including cost sharing under agreed procedures, to be established in agreements between the interested parties. The European third countries referred to in paragraph 3 which do not wish to participate fully in the Programme may be eligible for cooperation with the Programme under the conditions set out in this paragraph.
Monitoring and evaluation
1. The Commission shall guarantee that measures taken under this Decision are subject to prior appraisal, and to subsequent monitoring and evaluation. It shall ensure the accessibility of the programme and the transparency of its implementation.
2. After the completion of the projects, the Commission shall evaluate the manner in which they have been carried out and the impact of their implementation, in order to assess whether the original objectives have been achieved.
3. After two years’ implementation, the Commission shall, after bringing the matter before the Media Committee, present to the European Parliament, the Council and the Economic and Social Committee an evaluation report on the impact and effectiveness of the Programme on the basis of the results obtained. This report shall be accompanied, if need be, by any proposals for adjustments.
4. On completion of the Programme the Commission shall submit to the European Parliament, the Council and the Economic and Social Committee a detailed report on the implementation and results of the Programme.
Entry into force
This Decision shall take effect on 1 January 2001.
Done at Brussels, 20 December 2000.
For the Council
The President
(1) OJ C 283, 6.10.1999, p. 1.
(2) OJ L 380, 31.12.1990, p. 37.
(3) OJ C 41, 13.2.1996, p. 8.
(4) OJ C 347, 18.11.1996, p. 33.
(5) OJ L 321, 30.12.1995, p. 25.
(6) OJ L 321, 30.12.1995, p. 33.
(7) OJ L 298, 17.10.1989, p. 23. Directive as amended by Directive 97/36/EC of the European Parliament and of the Council (OJ L 202, 30.7.1997, p. 60).
(8) OJ L 26, 1.2.1999, p. 1.
(9) OJ C 172, 18.6.1999, p. 1.
(10) OJ L 184, 17.7.1999, p. 23.
1. MEASURES TO BE IMPLEMENTED
1.1 In the development of audiovisual works sector
In order to respond to business strategies reflecting the diversity of production structures and of projects, the Programme measures aim to provide financial assistance for enterprises in the audiovisual sector submitting:
(a) proposals for developing project packages for companies with a larger investment capacity, or
(b) proposals for developing project packages for companies with a smaller investment capacity, or
(c) proposals for developing audiovisual works presented project by project.
The selection criteria will take account chiefly of the European and international nature of the projects, in particular of their:
– production potential;
– potential for transnational exploitation, and the marketing and distribution strategies envisaged;
– quality and originality.
Support for development will be granted on terms that require, once a project enters the production phase, the support for the project to be reinvested in the development of new production projects.
The contribution will generally be limited to 50 % of project costs but may be raised to 60 % for projects which contribute to the enhancement of European linguistic and cultural diversity.
In the report provided for in Article 12, the Commission will evaluate the comparative results of the systems referred to in this Annex with regard to the programme objectives. It will submit to the Committee, in accordance with the procedure laid down in Article 8(2), appropriate proposals for the implementing rules for the rest of the Programme.
1.2 In the distribution and dissemination sector
1.2.1 Cinema distribution:
The following lines of action will be implemented in order to achieve the objectives outlined in Article 3:
(a) a support scheme in the form of a conditionally reimbursable advance for distributors of European cinematographic works outside their production territory. The aim of this scheme is to:
– encourage the networking of European distributors in conjunction with international producers and distributors, in order to promote joint strategies for the European market;
– encourage distributors in particular to invest in promotion and adequate distribution for European films;
– support the multilingual aspects of European film-making (dubbing, subtitling, multilingual production and international sound tracking). That part of the support intended to finance the linguistic diversity of works will take the form of a subsidy.
The criteria for selecting beneficiaries may include provisions to distinguish between projects according to their budget category. Special attention will be given to films that enhance European linguistic and cultural diversity.
(b) a system of “automatic” support for European distributors proportional to the number of seats sold for non-domestic European films in States participating in the Programme, up to a fixed ceiling per film and adjusted for each country. The support thus generated may be used by distributors only for investment in the following:
– the coproduction of non-domestic European films;
– the acquisition of the screening rights, for example by means of minimum guarantees, of non-domestic European films;
– editing costs (copying, dubbing and subtitling), promotion costs and publicity costs for non-domestic European films.
Reinvestment arrangements will generally be limited to 50 % of project costs, but may be raised to 60 %, particularly for investment in the production stage and in films that are of interest in enhancing European linguistic and cultural diversity.
(c) a system to assist European companies specialising in the international distribution of cinema films (sales agents) according to their performance on the market over a reference period of at least one year. This type of assistance may be used by sales agents for investment in acquisition (minimum guarantees) and in costs arising from the promotion of new European works on the European and international markets.
(d) appropriate assistance to encourage operators to screen a significant proportion of non-domestic European films in première cinemas for a minimum screening period. The support shall be made conditional on showing a minimum number of European films. The level of support may take account of the number of admission tickets sold for non-domestic European films during a reference period up to a fixed ceiling.
Support may also be granted for the creation and consolidation of networks of European operators running joint schemes to encourage such scheduling.
Support may be used for the development of educational activities and for raising awareness amongst young cinema-goers.
As far as possible, support for cinemas and networks will encourage a balanced geographical distribution.
1.2.2 Distribution of European works off-line
This is understood to mean the distribution of European works on media intended for private use.
Automatic support: a system of automatic support for editors and distributors of European cinematographic and audiovisual works, excluding games, on media intended for private use (e.g. videocassettes and DVD) according to market performance over a reference period of at least one year. The evaluation of that performance may take account of the specific features of different national markets through appropriate weightings. The support granted may be used by distributors only for investment in the following:
(a) the costs of editing and distributing new non-domestic European works in digital form; or
(b) the costs of promoting new non-domestic European works in non-digital format.
This system is designed to:
(a) encourage the use of new technologies in the production of European works intended for private use (production of a digital master for use by all European distributors);
(b) encourage distributors in particular to invest in the promotion and adequate distribution of non-domestic European films and audiovisual works;
(c) support the linguistic diversity of European productions (dubbing, subtitling and multilingual production).
1.2.3 Television broadcasting:
Encourage independent producers to produce works (fiction, documentaries and animated films) involving no less than two broadcasters, and preferably more, in several States participating or cooperating on the programme, belonging to different language zones.
The criteria for selecting beneficiaries may include provisions that distinguish between projects by budget category and type. Special attention will be given to audiovisual works that are of interest in enhancing European heritage and linguistic and cultural diversity.
That part of the support which is intended to finance the linguistic diversity of works (including production of the sound track – music and effects) will take the form of a subsidy.
1.2.4 Distribution of European works on-line.
This is taken to mean the distribution of European works on-line via advanced distribution services and new media (e.g. Internet, video-on-demand). The aim is to encourage the European audiovisual industry to adapt to the development of digital technology, particularly as regards advanced on-line distribution services.
Introduction of incentives to digitise works and create promotional and publicity material in digital form, so encouraging European companies (suppliers of on-line access, special-interest channels, etc.) to create catalogues of European works in digital format for exploitation via new media.
1.3 Promotion
1.3.1 In the field of promotion and access to professional markets:
The programme measures aim to:

Pending: 32000D0820

30.12.2000 EN Official Journal of the European Communities L 336/1
(1) At its meeting in Tampere on 15 and 16 October 1999, the European Council agreed that a European Police College, hereinafter referred to as ‘CEPOL’, should be established to train senior officers of police forces, such forces being understood to mean law enforcement officials as referred to in point 47 of the Presidency conclusions.
(2) The European Council in Tampere agreed that CEPOL should initially consist of a network of existing national training institutes, without precluding the establishment of a permanent institution at a later stage.
(3) There already exist national, European and international organisations and bodies active in the area of police training, on whose cooperation CEPOL should be able to rely in carrying out its tasks.
(4) It is desirable to develop quickly a relationship between CEPOL and national training institutes in applicant countries with which the European Union is conducting accession negotiations as well as those in Iceland and Norway, so that these institutes can have access to CEPOL activities.
(5) The European Union has been active in this field, in particular by adopting and implementing programmes under Title VI of the Treaty, such as the common programme for the exchange and training of, and cooperation between, law enforcement authorities (OISIN)(3)and the programme for exchanges, training and cooperation for persons responsible for action to combat organised crime (Falcone)(4).
(6) CEPOL should carry out its tasks by progressive stages in the light of the objectives set out in the annual work programmes and with due regard for available resources.
(7) It is necessary that this Decision be reviewed after a three-year period in order to decide on an extension of CEPOL's tasks, and on modifications to its institutional structure,
(a) preparation, implementation and assessment of the annual programme;
(b) fees for external contributors;
(c) travelling expenses of governing board members attending board meetings, at the rate of two members per Member State;
(d) general operating costs of the secretariat, except for the remuneration of its members;
(e) costs for any other initiative adopted by the governing board or taken by the administrative director in accordance with the financial regulation;
(f) reimbursement, in proportion to Member States' contributions, of the costs incurred by the Member State(s) paying the remuneration of the secretariat's members.
(a) to increase knowledge of the national police systems and structures of other Member States, of Europol and of cross-border police cooperation within the European Union;
(b) to strengthen knowledge of international instruments, in particular those which already exist at European Union level in the field of cooperation on combating crime;
(c) to provide appropriate training with regard to respect for democratic safeguards with particular reference to the rights of defence;
(d) to encourage cooperation between CEPOL and other police training institutes.
(a) provide training sessions, based on common standards, for senior police officers;
(b) contribute to the preparation of harmonised programmes for the training of middle-ranking police officers, middle-ranking police officers in the field and police officers in the field with regard to cross-border cooperation between police forces in Europe, and help set up appropriate advanced training programmes;
(c) provide specialist training for police officers playing a key role in combating cross-border crime, with a particular focus on organised crime;
(d) develop and provide training for trainers;
(e) disseminate best practice and research findings;
(f) develop and provide training to prepare police forces of the European Union for participation in non-military crisis management;
(g) develop and provide training for police authorities from the States applying for membership of the European Union, including training for police officers with a key role;
(h) facilitate relevant exchanges and secondments of police officers in the context of training;
(i) develop an electronic network to provide back-up for CEPOL in the performance of its duties, ensuring that the necessary security measures are put in place;
(j) enable the senior police officers of the Member States to acquire relevant language skills.
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,
Having regard to the initiative of the Portuguese Republic (1),
Having regard to the opinion of the European Parliament (2),
Whereas:

(1)

At its meeting in Tampere on 15 and 16 October 1999, the European Council agreed that a European Police College, hereinafter referred to as ‘CEPOL’, should be established to train senior officers of police forces, such forces being understood to mean law enforcement officials as referred to in point 47 of the Presidency conclusions.

(2)

The European Council in Tampere agreed that CEPOL should initially consist of a network of existing national training institutes, without precluding the establishment of a permanent institution at a later stage.

(3)

There already exist national, European and international organisations and bodies active in the area of police training, on whose cooperation CEPOL should be able to rely in carrying out its tasks.

(4)

It is desirable to develop quickly a relationship between CEPOL and national training institutes in applicant countries with which the European Union is conducting accession negotiations as well as those in Iceland and Norway, so that these institutes can have access to CEPOL activities.

(5)

The European Union has been active in this field, in particular by adopting and implementing programmes under Title VI of the Treaty, such as the common programme for the exchange and training of, and cooperation between, law enforcement authorities (OISIN) (3) and the programme for exchanges, training and cooperation for persons responsible for action to combat organised crime (Falcone) (4).

(6)

CEPOL should carry out its tasks by progressive stages in the light of the objectives set out in the annual work programmes and with due regard for available resources.

(7)

It is necessary that this Decision be reviewed after a three-year period in order to decide on an extension of CEPOL’s tasks, and on modifications to its institutional structure,

HAS DECIDED AS FOLLOWS:
TITLE I
Organisation

Article 1
1.   A European Police College (CEPOL) is hereby established.
2.   Without prejudice to the future developments recommended in Article 9, CEPOL shall be set up as a network, by bringing together the national training institutes for senior police officers in the Member States, which shall cooperate closely to that end.
3.   CEPOL’s task shall be to implement the programmes and initiatives decided upon by the governing board.

Article 2
1.   The directors of the national training institutes for senior police officers shall form CEPOL’s governing board. Where there are several directors from a single Member State, they shall together form a delegation.
2.   The governing board shall be chaired by the director of a national training institute of the Member State holding the Presidency of the Council of the European Union. The governing board shall meet at least once per Presidency. It shall establish its rules of procedure by unanimous decision.
3.   Each delegation shall have one vote on the governing board.
Representatives of the General Secretariat of the Council of the European Union, the Commission and Europol shall be invited to attend meetings as non-voting observers. Members of the governing board may be accompanied by experts.

Article 3
1.   The governing board shall decide on the annual continuing-education programme (teaching content, type, number and length of training measures to be implemented). It shall adopt additional programmes and initiatives, where appropriate.
2.   The governing board shall establish the annual report on CEPOL’s activities.
3.   The governing board’s decisions referred to in paragraphs 1 and 2 shall be adopted unanimously and then passed on to the Council, which shall take note of them and endorse them. Due account shall be taken by the governing board of any comment made by the Council.
The annual report on CEPOL’s activities shall also be forwarded to the European Parliament and the Commission for information.

Article 4
1.   The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The permanent secretariat may be set up within one of the national police academies. The Council shall decide on the location of the permanent secretariat’s seat.
2.   The secretariat shall be headed by an administrative director appointed by the governing board for a three-year term.
3.   All decisions of the governing board concerning the secretariat shall be taken unanimously.

Article 5
1.   CEPOL’s budget shall be managed by the secretariat on the basis of a financial regulation.
2.   The costs of implementing the measures in the annual programme referred to in Article 3, together with the administrative costs of CEPOL, shall be borne jointly by the Member States. To that end, the annual contribution from each Member State shall be established on the basis of the gross national product (GNP) according to the scale used for determining the GNP element in own resources for financing the general budget of the European Union. Each year the GNP of the previous year shall be taken as the reference basis for each Member State.
3.   CEPOL’s financial regulation and annual budget shall be drawn up by the governing board acting unanimously, and submitted for approval to the Governments of the Member States, meeting within the Council.
4.   Expenditure on the following shall be borne by the budget of CEPOL:
preparation, implementation and assessment of the annual programme;
fees for external contributors;
travelling expenses of governing board members attending board meetings, at the rate of two members per Member State;
general operating costs of the secretariat, except for the remuneration of its members;
costs for any other initiative adopted by the governing board or taken by the administrative director in accordance with the financial regulation;
reimbursement, in proportion to Member States’ contributions, of the costs incurred by the Member State(s) paying the remuneration of the secretariat’s members.
5.   Without prejudice to requests by Member States and acting on instructions from the governing board, the secretariat may submit to the Commission training projects or programmes for cofinancing that lie within the sphere of competence of budgetary programmes administered by the Commission.
Objectives and tasks

Article 6
1.   The aim of CEPOL shall be to help train the senior police officers of the Member States by optimising cooperation between CEPOL’s various component institutes. It shall support and develop a European approach to the main problems facing Member States in the fight against crime, crime prevention, and the maintenance of law and order and public security, in particular the cross-border dimensions of those problems.
2.   CEPOL’s objectives shall be as follows:
to increase knowledge of the national police systems and structures of other Member States, of Europol and of cross-border police cooperation within the European Union;
to strengthen knowledge of international instruments, in particular those which already exist at European Union level in the field of cooperation on combating crime;
to provide appropriate training with regard to respect for democratic safeguards with particular reference to the rights of defence;
to encourage cooperation between CEPOL and other police training institutes.
3.   CEPOL shall also offer its infrastructure to senior police officers of applicant countries with which the European Union is conducting accession negotiations as well as those of Iceland and Norway.

Article 7
In order to achieve those objectives, CEPOL may, in particular, undertake the following actions:
provide training sessions, based on common standards, for senior police officers;
contribute to the preparation of harmonised programmes for the training of middle-ranking police officers, middle-ranking police officers in the field and police officers in the field with regard to cross-border cooperation between police forces in Europe, and help set up appropriate advanced training programmes;
provide specialist training for police officers playing a key role in combating cross-border crime, with a particular focus on organised crime;
develop and provide training for trainers;
disseminate best practice and research findings;
develop and provide training to prepare police forces of the European Union for participation in non-military crisis management;
develop and provide training for police authorities from the States applying for membership of the European Union, including training for police officers with a key role;
facilitate relevant exchanges and secondments of police officers in the context of training;
develop an electronic network to provide back-up for CEPOL in the performance of its duties, ensuring that the necessary security measures are put in place;
enable the senior police officers of the Member States to acquire relevant language skills.
Other provisions

Article 8
CEPOL shall consider on a case-by-case basis the possibility of admitting officials of the European Institutions and other European Union bodies.
CEPOL may cooperate with the national police training institutes of non-member States of the European Union. In particular, it shall establish relations with the national institutes of applicant countries with which the European Union is conducting accession negotiations as well as those of Iceland and Norway.
CEPOL shall also cooperate with relevant training bodies in Europe, such as the Nordic Baltic Police Academy (NBPA) and the Mitteleuropäische Polizeiakademie (MEPA).

Article 9
At the latest during the third year after this Decision takes effect, the governing board shall submit to the Council a report on the operation and future of the network, in accordance with the conclusions of the Tampere European Council.

Article 10
This Decision shall take effect on the day following that of its adoption by the Council.
It shall apply from 1 January 2001.
Done at Brussels, 22 December 2000.
For the Council
The President
(1)  OJ C 206, 19.7.2000, p. 3.
(2)  Opinion delivered on 17 November 2000 (not yet published in the Official Journal).
(3)  OJ L 7, 10.1.1997, p. 5.
(4)  OJ L 99, 31.3.1998, p. 8.
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THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty on European Union, and in particular Article 30(1)(c) and Article 34(2)(c) thereof,
Having regard to the initiative of the Portuguese Republic (1),
Having regard to the opinion of the European Parliament (2),
Whereas:

(1)

At its meeting in Tampere on 15 and 16 October 1999, the European Council agreed that a European Police College, hereinafter referred to as ‘CEPOL’, should be established to train senior officers of police forces, such forces being understood to mean law enforcement officials as referred to in point 47 of the Presidency conclusions.

(2)

The European Council in Tampere agreed that CEPOL should initially consist of a network of existing national training institutes, without precluding the establishment of a permanent institution at a later stage.

(3)

There already exist national, European and international organisations and bodies active in the area of police training, on whose cooperation CEPOL should be able to rely in carrying out its tasks.

(4)

It is desirable to develop quickly a relationship between CEPOL and national training institutes in applicant countries with which the European Union is conducting accession negotiations as well as those in Iceland and Norway, so that these institutes can have access to CEPOL activities.

(5)

The European Union has been active in this field, in particular by adopting and implementing programmes under Title VI of the Treaty, such as the common programme for the exchange and training of, and cooperation between, law enforcement authorities (OISIN) (3) and the programme for exchanges, training and cooperation for persons responsible for action to combat organised crime (Falcone) (4).

(6)

CEPOL should carry out its tasks by progressive stages in the light of the objectives set out in the annual work programmes and with due regard for available resources.

(7)

It is necessary that this Decision be reviewed after a three-year period in order to decide on an extension of CEPOL’s tasks, and on modifications to its institutional structure,

HAS DECIDED AS FOLLOWS:
TITLE I
Organisation

1.   A European Police College (CEPOL) is hereby established.
2.   Without prejudice to the future developments recommended in Article 9, CEPOL shall be set up as a network, by bringing together the national training institutes for senior police officers in the Member States, which shall cooperate closely to that end.
3.   CEPOL’s task shall be to implement the programmes and initiatives decided upon by the governing board.
1.   The directors of the national training institutes for senior police officers shall form CEPOL’s governing board. Where there are several directors from a single Member State, they shall together form a delegation.
2.   The governing board shall be chaired by the director of a national training institute of the Member State holding the Presidency of the Council of the European Union. The governing board shall meet at least once per Presidency. It shall establish its rules of procedure by unanimous decision.
3.   Each delegation shall have one vote on the governing board.
Representatives of the General Secretariat of the Council of the European Union, the Commission and Europol shall be invited to attend meetings as non-voting observers. Members of the governing board may be accompanied by experts.
1.   The governing board shall decide on the annual continuing-education programme (teaching content, type, number and length of training measures to be implemented). It shall adopt additional programmes and initiatives, where appropriate.
2.   The governing board shall establish the annual report on CEPOL’s activities.
3.   The governing board’s decisions referred to in paragraphs 1 and 2 shall be adopted unanimously and then passed on to the Council, which shall take note of them and endorse them. Due account shall be taken by the governing board of any comment made by the Council.
The annual report on CEPOL’s activities shall also be forwarded to the European Parliament and the Commission for information.
1.   The governing board shall set up a permanent secretariat to assist CEPOL with the administrative tasks necessary for it to function and implement the annual programme and, where appropriate, the additional programmes and initiatives. The permanent secretariat may be set up within one of the national police academies. The Council shall decide on the location of the permanent secretariat’s seat.
2.   The secretariat shall be headed by an administrative director appointed by the governing board for a three-year term.
3.   All decisions of the governing board concerning the secretariat shall be taken unanimously.
1.   CEPOL’s budget shall be managed by the secretariat on the basis of a financial regulation.
2.   The costs of implementing the measures in the annual programme referred to in Article 3, together with the administrative costs of CEPOL, shall be borne jointly by the Member States. To that end, the annual contribution from each Member State shall be established on the basis of the gross national product (GNP) according to the scale used for determining the GNP element in own resources for financing the general budget of the European Union. Each year the GNP of the previous year shall be taken as the reference basis for each Member State.
3.   CEPOL’s financial regulation and annual budget shall be drawn up by the governing board acting unanimously, and submitted for approval to the Governments of the Member States, meeting within the Council.
4.   Expenditure on the following shall be borne by the budget of CEPOL:
preparation, implementation and assessment of the annual programme;
fees for external contributors;
travelling expenses of governing board members attending board meetings, at the rate of two members per Member State;
general operating costs of the secretariat, except for the remuneration of its members;
costs for any other initiative adopted by the governing board or taken by the administrative director in accordance with the financial regulation;
reimbursement, in proportion to Member States’ contributions, of the costs incurred by the Member State(s) paying the remuneration of the secretariat’s members.
5.   Without prejudice to requests by Member States and acting on instructions from the governing board, the secretariat may submit to the Commission training projects or programmes for cofinancing that lie within the sphere of competence of budgetary programmes administered by the Commission.
Objectives and tasks
1.   The aim of CEPOL shall be to help train the senior police officers of the Member States by optimising cooperation between CEPOL’s various component institutes. It shall support and develop a European approach to the main problems facing Member States in the fight against crime, crime prevention, and the maintenance of law and order and public security, in particular the cross-border dimensions of those problems.
2.   CEPOL’s objectives shall be as follows:
to increase knowledge of the national police systems and structures of other Member States, of Europol and of cross-border police cooperation within the European Union;
to strengthen knowledge of international instruments, in particular those which already exist at European Union level in the field of cooperation on combating crime;
to provide appropriate training with regard to respect for democratic safeguards with particular reference to the rights of defence;
to encourage cooperation between CEPOL and other police training institutes.
3.   CEPOL shall also offer its infrastructure to senior police officers of applicant countries with which the European Union is conducting accession negotiations as well as those of Iceland and Norway.
In order to achieve those objectives, CEPOL may, in particular, undertake the following actions:
provide training sessions, based on common standards, for senior police officers;
contribute to the preparation of harmonised programmes for the training of middle-ranking police officers, middle-ranking police officers in the field and police officers in the field with regard to cross-border cooperation between police forces in Europe, and help set up appropriate advanced training programmes;
provide specialist training for police officers playing a key role in combating cross-border crime, with a particular focus on organised crime;
develop and provide training for trainers;
disseminate best practice and research findings;
develop and provide training to prepare police forces of the European Union for participation in non-military crisis management;
develop and provide training for police authorities from the States applying for membership of the European Union, including training for police officers with a key role;
facilitate relevant exchanges and secondments of police officers in the context of training;
develop an electronic network to provide back-up for CEPOL in the performance of its duties, ensuring that the necessary security measures are put in place;
enable the senior police officers of the Member States to acquire relevant language skills.
Other provisions
CEPOL shall consider on a case-by-case basis the possibility of admitting officials of the European Institutions and other European Union bodies.
CEPOL may cooperate with the national police training institutes of non-member States of the European Union. In particular, it shall establish relations with the national institutes of applicant countries with which the European Union is conducting accession negotiations as well as those of Iceland and Norway.
CEPOL shall also cooperate with relevant training bodies in Europe, such as the Nordic Baltic Police Academy (NBPA) and the Mitteleuropäische Polizeiakademie (MEPA).
At the latest during the third year after this Decision takes effect, the governing board shall submit to the Council a report on the operation and future of the network, in accordance with the conclusions of the Tampere European Council.
This Decision shall take effect on the day following that of its adoption by the Council.
It shall apply from 1 January 2001.
Done at Brussels, 22 December 2000.
For the Council
The President
(1)  OJ C 206, 19.7.2000, p. 3.
(2)  Opinion delivered on 17 November 2000 (not yet published in the Official Journal).
(3)  OJ L 7, 10.1.1997, p. 5.
(4)  OJ L 99, 31.3.1998, p. 8.
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Pending: 32000D0745

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2) (the basic AD Regulation), and in particular Articles 8 and 9 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3) (the basic AS Regulation), and in particular Articles 13 and 15 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 1742/2000(4), the Commission imposed provisional antidumping duties on imports into the Community of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand.(2) By Regulation (EC) No 1741/2000(5), the Commission imposed provisional countervailing duties on imports into the Community of PET originating in India, Malaysia, Taiwan and Thailand.(3) Following the adoption of the provisional anti-dumping and countervailing measures, the Commission continued the investigation of dumping, subsidisation, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Regulation (EC) No 2604/2000(6) imposing definitive anti-dumping duties on imports of PET originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in Council Regulation (EC) No 2603/2000(7) imposing definitive countervailing duties on imports of PET originating in India, Malaysia and Thailand.(4) The investigations confirmed the provisional findings of injurious dumping relating to imports originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and of injurious subsidisation relating to imports originating in India, Malaysia and Thailand.B. UNDERTAKINGS(5) Subsequent to the adoption of provisional anti-dumping and countervailing measures, two exporting producers in India that participated in both investigations offered undertakings (within the meaning of Article 8(1) of the basic AD Regulation and Article 13(1) of the basic AS Regulation). Moreover, as regards the anti-dumping investigation, two of the exporting producers in Indonesia offered undertakings. According to these undertakings, the exporting producers in question have offered not to sell to their unrelated customers below certain minimum prices.(6) The Commission considers that the undertakings offered by the Indian companies, Pearl Engineering Polymers Limited and Reliance Industries Limited, can be accepted since they eliminate the injurious effects of dumping and subsidisation. The Commission also considers that the undertakings offered by the Indonesian company, P.T. Polypet Karyapersada, can be accepted since it eliminates the injurious effect of dumping. Moreover, the regular and detailed reports which the companies undertook to provide to the Commission will allow effective monitoring. Furthermore, the cooperation of these companies during the investigation, their structure and their sales organisation, and the specificities of the present product are such that the Commission considers that the risk of circumvention of the undertaking(s) will be limited.(7) A second Indonesian company also offered an undertaking. However, the company provided false and misleading information in respect of certain aspects of the antidumping investigation which affected the accuracy and reliability of its cooperation (See recital 13 of Regulation (EC) No 2604/2000). Accordingly, the Commission was not satisfied that an undertkaing from this company could be effectively monitored and the offer was rejected.(8) In order to ensure the effective respect and monitoring of the undertakings, when the request for release for free circulation pursuant to the undertakings is presented, exemption from the duty is conditional on presentation to the customs service of the Member State concerned of a valid “Undertaking invoice”. Such undertaking invoice has to be issued by the exporting producers from whom the undertakings are accepted and must contain the information listed in the Annexes to Regulation (EC) No 2604/2000 and Regulation (EC) No 2603/2000. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of duty should be payable in order to ensure the effective application of the undertakings.(9) In the event of a breach, or withdrawal of the undertakings, or if there are reasons to believe that the undertakings have been breached, a provisional or definitive duty may be imposed pursuant to Article 8(9) and (10) of the basic AD Regulation and, where applicable, pursuant to Article 13(9) and (10) of the basic AS Regulation,

Article 1
The undertakings offered by the exporting producers mentioned below, in the framework of the anti-dumping proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in the framework of the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand are hereby accepted.

Article 2
This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.
This Decision shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2000.
For the Commission
Pascal Lamy
Member of the Commission
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 199, 5.8.2000, p. 6.
(6) See page 21 of this Official Journal.
(7) See page 1 of this Official Journal.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 384/96 of 22 December 1995 on protection against dumped imports from countries not members of the European Community(1), as last amended by Regulation (EC) No 2238/2000(2) (the basic AD Regulation), and in particular Articles 8 and 9 thereof,Having regard to Council Regulation (EC) No 2026/97 of 6 October 1997 on protection against subsidised imports from countries not members of the European Community(3) (the basic AS Regulation), and in particular Articles 13 and 15 thereof,After consulting the Advisory Committee,Whereas:A. PROCEDURE(1) By Regulation (EC) No 1742/2000(4), the Commission imposed provisional antidumping duties on imports into the Community of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand.(2) By Regulation (EC) No 1741/2000(5), the Commission imposed provisional countervailing duties on imports into the Community of PET originating in India, Malaysia, Taiwan and Thailand.(3) Following the adoption of the provisional anti-dumping and countervailing measures, the Commission continued the investigation of dumping, subsidisation, injury and Community interest. The definitive findings and conclusions of the investigation are set out in Regulation (EC) No 2604/2000(6) imposing definitive anti-dumping duties on imports of PET originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in Council Regulation (EC) No 2603/2000(7) imposing definitive countervailing duties on imports of PET originating in India, Malaysia and Thailand.(4) The investigations confirmed the provisional findings of injurious dumping relating to imports originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and of injurious subsidisation relating to imports originating in India, Malaysia and Thailand.B. UNDERTAKINGS(5) Subsequent to the adoption of provisional anti-dumping and countervailing measures, two exporting producers in India that participated in both investigations offered undertakings (within the meaning of Article 8(1) of the basic AD Regulation and Article 13(1) of the basic AS Regulation). Moreover, as regards the anti-dumping investigation, two of the exporting producers in Indonesia offered undertakings. According to these undertakings, the exporting producers in question have offered not to sell to their unrelated customers below certain minimum prices.(6) The Commission considers that the undertakings offered by the Indian companies, Pearl Engineering Polymers Limited and Reliance Industries Limited, can be accepted since they eliminate the injurious effects of dumping and subsidisation. The Commission also considers that the undertakings offered by the Indonesian company, P.T. Polypet Karyapersada, can be accepted since it eliminates the injurious effect of dumping. Moreover, the regular and detailed reports which the companies undertook to provide to the Commission will allow effective monitoring. Furthermore, the cooperation of these companies during the investigation, their structure and their sales organisation, and the specificities of the present product are such that the Commission considers that the risk of circumvention of the undertaking(s) will be limited.(7) A second Indonesian company also offered an undertaking. However, the company provided false and misleading information in respect of certain aspects of the antidumping investigation which affected the accuracy and reliability of its cooperation (See recital 13 of Regulation (EC) No 2604/2000). Accordingly, the Commission was not satisfied that an undertkaing from this company could be effectively monitored and the offer was rejected.(8) In order to ensure the effective respect and monitoring of the undertakings, when the request for release for free circulation pursuant to the undertakings is presented, exemption from the duty is conditional on presentation to the customs service of the Member State concerned of a valid “Undertaking invoice”. Such undertaking invoice has to be issued by the exporting producers from whom the undertakings are accepted and must contain the information listed in the Annexes to Regulation (EC) No 2604/2000 and Regulation (EC) No 2603/2000. Where no such invoice is presented, or when it does not correspond to the product presented to customs, the appropriate rate of duty should be payable in order to ensure the effective application of the undertakings.(9) In the event of a breach, or withdrawal of the undertakings, or if there are reasons to believe that the undertakings have been breached, a provisional or definitive duty may be imposed pursuant to Article 8(9) and (10) of the basic AD Regulation and, where applicable, pursuant to Article 13(9) and (10) of the basic AS Regulation,
The undertakings offered by the exporting producers mentioned below, in the framework of the anti-dumping proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand and in the framework of the anti-subsidy proceeding concerning imports of certain polyethylene terephthalate (PET) originating in India, Indonesia, Malaysia, the Republic of Korea, Taiwan and Thailand are hereby accepted.
This Decision shall enter into force the day after its publication in the Official Journal of the European Communities.
This Decision shall be binding in its entirety and directly applicable in all Member States.
Done at Brussels, 29 November 2000.
For the Commission
Pascal Lamy
Member of the Commission
(1) OJ L 56, 6.3.1996, p. 1.
(2) OJ L 257, 11.10.2000, p. 2.
(3) OJ L 288, 21.10.1997, p. 1.
(4) OJ L 199, 5.8.2000, p. 48.
(5) OJ L 199, 5.8.2000, p. 6.
(6) See page 21 of this Official Journal.
(7) See page 1 of this Official Journal.

Pending: 32000D0690

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) Article 157 of the Treaty establishing the European Community has assigned to the Community and the Member States the task of ensuring that the conditions required for the competitiveness of the Community’s industry exist.(2) On the grounds of rationalisation and in order to facilitate the integration of the Commission’s work on good practice and coordination with the Member States, as stated in the Commission communication “challenges for enterprise policy in the knowledge-driven economy”(1), the Commission requires a body for reflection, debate and advice, consisting of high-level experts from the enterprise community and representatives of the Member States, entitled the “Enterprise policy group” (EPG), in order to examine general enterprise policy issues and to assist the Commission in the identification and dissemination of good practice.(3) In order to achieve greater transparency and efficiency in enterprise policy and to enable it to play a more strategic role in meeting challenges in the knowledge-driven economy, the EPG should comprise two sections, the first comprising representatives from the Member States, and the second comprising eminent persons, chosen by the Commission from a wide range of highly and appropriately qualified applicants, active in industry, services, the business community or in fields of activity linked to the development of innovation and the knowledge-driven economy.(4) In order to allow adequate representation of the Directors-General of industry and of the national authorities responsible for small and medium-sized enterprises (SMEs), it is appropriate that the Members States may appoint up to two representatives for the first section.(5) The EPG should therefore be set up and its terms of reference and internal organisation should be defined.(6) In order to guarantee an adequate representation of SMEs, a fixed allowance should be provided for those participating in the work of the EPG who are employed by an SME.(7) The Committee on Commerce and Distribution and the Consultative Committee for Cooperatives, Mutual Societies, Associations and Foundations should be dissolved,HAS DECIDED AS FOLLOWS:Article 1An Enterprise policy group, hereinafter referred to as “the group”, whose members are appointed by the Commission, is hereby established by the Commission. Its task is to advise the Commission on enterprise policy issues.Article 21. The Group shall consist of two Sections:- A first Section (Directors-General), comprising up to two representatives from each Member State, nominated by each Member State,- A second professional chamber, comprising up to 40 members appointed by the Commission, representing a wide range of expertise in domains of importance to enterprises.2. Working groups may be set up to study specific subjects on the basis of a mandate.3. The Commission may invite experts to participate in the work of the group, sections or working groups.4. The group, its sections and working groups shall meet in the form and according to the timetable determined by the Commission. The Commission shall chair the meetings and Commission officials may take part in them.5. The group and its sections shall adopt their rules of procedure on the basis of a draft presented by the Commission. The Commission departments shall provide the secretariat.6. The Commission may publish on the Internet, in the original language of the document concerned, any conclusion, summary, part conclusion or working paper relating to the group or its sections.Article 3The following provisions shall apply for the second section:- appointment shall be in a personal capacity and advice should be given to the Commission independently of any outside instruction,- information obtained through the work of the group, its sections or working groups, shall not be divulged, where it is stated by the Commission to relate to a confidential matter,- the term of office of members shall be two years, renewable. They shall remain in office until they are replaced, or until the expiry of their term of office,- members who are no longer able to make an effective contribution to the work of the group, who resign or who breach the requirements set out in the first or second indent of the present Article or in Article 287 of the Treaty establishing the European Community, may be replaced for the remainder of their term,- The names of the members shall be published in the Official Journal of the European Communities.Article 4Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Their functions shall not be remunerated. Nevertheless, the Commissioner responsible for enterprise policy may decide that members, observers or experts who are employed by a small or medium-sized enterprise(2), may also be compensated for the costs resulting from preparatory work and of being away from their enterprise, by a fixed allowance of EUR 500 a day, to a maximum of 10 days a year.Article 5Commission Decisions 81/428/EEC(3) and 98/215/EC(4) are hereby repealed.Article 6This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. It shall apply until 31 December 2005. The Commission will decide whether to extend it or not before that date.Done at Brussels, 8 November 2000.For the CommissionErkki LiikanenMember of the Commission(1) COM (2000) 256 final, including Annex describing the best procedure(2) According to the definition given in the Commission Recommendation of 3 April 1996 (OJ L 107, 30.4.1996 P. 4), including the self-employed.(3) OJ L 165, 23.6.1981, p. 24.(4) OJ L 80, 18.3.1998, p. 51.

Article 1
An Enterprise policy group, hereinafter referred to as “the group”, whose members are appointed by the Commission, is hereby established by the Commission. Its task is to advise the Commission on enterprise policy issues.

Article 2
1. The Group shall consist of two Sections:
– A first Section (Directors-General), comprising up to two representatives from each Member State, nominated by each Member State,
– A second professional chamber, comprising up to 40 members appointed by the Commission, representing a wide range of expertise in domains of importance to enterprises.
2. Working groups may be set up to study specific subjects on the basis of a mandate.
3. The Commission may invite experts to participate in the work of the group, sections or working groups.
4. The group, its sections and working groups shall meet in the form and according to the timetable determined by the Commission. The Commission shall chair the meetings and Commission officials may take part in them.
5. The group and its sections shall adopt their rules of procedure on the basis of a draft presented by the Commission. The Commission departments shall provide the secretariat.
6. The Commission may publish on the Internet, in the original language of the document concerned, any conclusion, summary, part conclusion or working paper relating to the group or its sections.

Article 3
The following provisions shall apply for the second section:
– appointment shall be in a personal capacity and advice should be given to the Commission independently of any outside instruction,
– information obtained through the work of the group, its sections or working groups, shall not be divulged, where it is stated by the Commission to relate to a confidential matter,
– the term of office of members shall be two years, renewable. They shall remain in office until they are replaced, or until the expiry of their term of office,
– members who are no longer able to make an effective contribution to the work of the group, who resign or who breach the requirements set out in the first or second indent of the present Article or in Article 287 of the Treaty establishing the European Community, may be replaced for the remainder of their term,
– The names of the members shall be published in the Official Journal of the European Communities.

Article 4
Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Their functions shall not be remunerated. Nevertheless, the Commissioner responsible for enterprise policy may decide that members, observers or experts who are employed by a small or medium-sized enterprise(2), may also be compensated for the costs resulting from preparatory work and of being away from their enterprise, by a fixed allowance of EUR 500 a day, to a maximum of 10 days a year.

Article 5
Commission Decisions 81/428/EEC(3) and 98/215/EC(4) are hereby repealed.

Article 6
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. It shall apply until 31 December 2005. The Commission will decide whether to extend it or not before that date.
Done at Brussels, 8 November 2000.
For the Commission
Erkki Liikanen
Member of the Commission
(1) COM (2000) 256 final, including Annex describing the best procedure
(2) According to the definition given in the Commission Recommendation of 3 April 1996 (OJ L 107, 30.4.1996 P. 4), including the self-employed.
(3) OJ L 165, 23.6.1981, p. 24.
(4) OJ L 80, 18.3.1998, p. 51.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Whereas:(1) Article 157 of the Treaty establishing the European Community has assigned to the Community and the Member States the task of ensuring that the conditions required for the competitiveness of the Community’s industry exist.(2) On the grounds of rationalisation and in order to facilitate the integration of the Commission’s work on good practice and coordination with the Member States, as stated in the Commission communication “challenges for enterprise policy in the knowledge-driven economy”(1), the Commission requires a body for reflection, debate and advice, consisting of high-level experts from the enterprise community and representatives of the Member States, entitled the “Enterprise policy group” (EPG), in order to examine general enterprise policy issues and to assist the Commission in the identification and dissemination of good practice.(3) In order to achieve greater transparency and efficiency in enterprise policy and to enable it to play a more strategic role in meeting challenges in the knowledge-driven economy, the EPG should comprise two sections, the first comprising representatives from the Member States, and the second comprising eminent persons, chosen by the Commission from a wide range of highly and appropriately qualified applicants, active in industry, services, the business community or in fields of activity linked to the development of innovation and the knowledge-driven economy.(4) In order to allow adequate representation of the Directors-General of industry and of the national authorities responsible for small and medium-sized enterprises (SMEs), it is appropriate that the Members States may appoint up to two representatives for the first section.(5) The EPG should therefore be set up and its terms of reference and internal organisation should be defined.(6) In order to guarantee an adequate representation of SMEs, a fixed allowance should be provided for those participating in the work of the EPG who are employed by an SME.(7) The Committee on Commerce and Distribution and the Consultative Committee for Cooperatives, Mutual Societies, Associations and Foundations should be dissolved,HAS DECIDED AS FOLLOWS:Article 1An Enterprise policy group, hereinafter referred to as “the group”, whose members are appointed by the Commission, is hereby established by the Commission. Its task is to advise the Commission on enterprise policy issues.Article 21. The Group shall consist of two Sections:- A first Section (Directors-General), comprising up to two representatives from each Member State, nominated by each Member State,- A second professional chamber, comprising up to 40 members appointed by the Commission, representing a wide range of expertise in domains of importance to enterprises.2. Working groups may be set up to study specific subjects on the basis of a mandate.3. The Commission may invite experts to participate in the work of the group, sections or working groups.4. The group, its sections and working groups shall meet in the form and according to the timetable determined by the Commission. The Commission shall chair the meetings and Commission officials may take part in them.5. The group and its sections shall adopt their rules of procedure on the basis of a draft presented by the Commission. The Commission departments shall provide the secretariat.6. The Commission may publish on the Internet, in the original language of the document concerned, any conclusion, summary, part conclusion or working paper relating to the group or its sections.Article 3The following provisions shall apply for the second section:- appointment shall be in a personal capacity and advice should be given to the Commission independently of any outside instruction,- information obtained through the work of the group, its sections or working groups, shall not be divulged, where it is stated by the Commission to relate to a confidential matter,- the term of office of members shall be two years, renewable. They shall remain in office until they are replaced, or until the expiry of their term of office,- members who are no longer able to make an effective contribution to the work of the group, who resign or who breach the requirements set out in the first or second indent of the present Article or in Article 287 of the Treaty establishing the European Community, may be replaced for the remainder of their term,- The names of the members shall be published in the Official Journal of the European Communities.Article 4Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Their functions shall not be remunerated. Nevertheless, the Commissioner responsible for enterprise policy may decide that members, observers or experts who are employed by a small or medium-sized enterprise(2), may also be compensated for the costs resulting from preparatory work and of being away from their enterprise, by a fixed allowance of EUR 500 a day, to a maximum of 10 days a year.Article 5Commission Decisions 81/428/EEC(3) and 98/215/EC(4) are hereby repealed.Article 6This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. It shall apply until 31 December 2005. The Commission will decide whether to extend it or not before that date.Done at Brussels, 8 November 2000.For the CommissionErkki LiikanenMember of the Commission(1) COM (2000) 256 final, including Annex describing the best procedure(2) According to the definition given in the Commission Recommendation of 3 April 1996 (OJ L 107, 30.4.1996 P. 4), including the self-employed.(3) OJ L 165, 23.6.1981, p. 24.(4) OJ L 80, 18.3.1998, p. 51.
An Enterprise policy group, hereinafter referred to as “the group”, whose members are appointed by the Commission, is hereby established by the Commission. Its task is to advise the Commission on enterprise policy issues.
1. The Group shall consist of two Sections:
– A first Section (Directors-General), comprising up to two representatives from each Member State, nominated by each Member State,
– A second professional chamber, comprising up to 40 members appointed by the Commission, representing a wide range of expertise in domains of importance to enterprises.
2. Working groups may be set up to study specific subjects on the basis of a mandate.
3. The Commission may invite experts to participate in the work of the group, sections or working groups.
4. The group, its sections and working groups shall meet in the form and according to the timetable determined by the Commission. The Commission shall chair the meetings and Commission officials may take part in them.
5. The group and its sections shall adopt their rules of procedure on the basis of a draft presented by the Commission. The Commission departments shall provide the secretariat.
6. The Commission may publish on the Internet, in the original language of the document concerned, any conclusion, summary, part conclusion or working paper relating to the group or its sections.
The following provisions shall apply for the second section:
– appointment shall be in a personal capacity and advice should be given to the Commission independently of any outside instruction,
– information obtained through the work of the group, its sections or working groups, shall not be divulged, where it is stated by the Commission to relate to a confidential matter,
– the term of office of members shall be two years, renewable. They shall remain in office until they are replaced, or until the expiry of their term of office,
– members who are no longer able to make an effective contribution to the work of the group, who resign or who breach the requirements set out in the first or second indent of the present Article or in Article 287 of the Treaty establishing the European Community, may be replaced for the remainder of their term,
– The names of the members shall be published in the Official Journal of the European Communities.
Travel and subsistence expenses incurred by members, observers and experts, in connection with the activities of the group, shall be reimbursed by the Commission in accordance with the provisions in force within the Commission. Their functions shall not be remunerated. Nevertheless, the Commissioner responsible for enterprise policy may decide that members, observers or experts who are employed by a small or medium-sized enterprise(2), may also be compensated for the costs resulting from preparatory work and of being away from their enterprise, by a fixed allowance of EUR 500 a day, to a maximum of 10 days a year.
Commission Decisions 81/428/EEC(3) and 98/215/EC(4) are hereby repealed.
This Decision shall take effect on the day of its publication in the Official Journal of the European Communities. It shall apply until 31 December 2005. The Commission will decide whether to extend it or not before that date.
Done at Brussels, 8 November 2000.
For the Commission
Erkki Liikanen
Member of the Commission
(1) COM (2000) 256 final, including Annex describing the best procedure
(2) According to the definition given in the Commission Recommendation of 3 April 1996 (OJ L 107, 30.4.1996 P. 4), including the self-employed.
(3) OJ L 165, 23.6.1981, p. 24.
(4) OJ L 80, 18.3.1998, p. 51.

Pending: 32000D0672

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Directive 97/79/EC(2), and in particular Article 11 thereof,Whereas:(1) A Commission expert has conducted an inspection visit to Venezuela to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The provisions of legislation of the Venezuela on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.(3) In Venezuela the Servicio Autónomo de Recursos Pesqueros (SARPA) of the Ministerio de Agricultura y Cría is capable of effectively verifying the application of the laws in force.(4) The procedure for obtaining the health certificate referred to in Article 11(4)(a) of Directive 91/493/EEC must also cover the definition of a model certificate, the minimum requirements regarding the language(s) in which it must be drafted and the grade of the person empowered to sign it.(5) Pursuant to Article 11(4)(b) of Directive 91/493/EEC, a mark should be affixed to packages of fishery products giving the name of the third country and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin.(6) Pursuant to Article 11(4)(c) of Directive 91/493/EEC a list of approved establishments, factory vessels, or cold stores must be drawn up, and a list of freezer vessels equipped in accordance with points 1 to 7 of Annex II to the Directive 92/48/EEC(3) must be also drawn up. These lists must be drawn up on the basis of a communication from the SARPA to the Commission. It is therefore for the SARPA to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC.(7) The SARPA has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The Servicio Autónomo de Recursos Pesqueros (SARPA) of the Ministerio de Agricultura y Cría shall be the competent authority in Venezuela for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.

Article 2
Fishery and aquaculture products originating in Venezuela must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. the products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word “VENEZUELA” and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.

Article 3
1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the SARPA and the latter’s official stamp in a colour different from that of other endorsements.

Article 4
This Decision shall come into effect after 60 days of its publication in the Official Journal of the European Communities.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 20 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 187, 7.7.1992, p. 41.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/493/EEC of 22 July 1991 laying down the health conditions for the production and the placing on the market of fishery products(1), as last amended by Directive 97/79/EC(2), and in particular Article 11 thereof,Whereas:(1) A Commission expert has conducted an inspection visit to Venezuela to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The provisions of legislation of the Venezuela on health inspection and monitoring of fishery products may be considered equivalent to those laid down in Directive 91/493/EEC.(3) In Venezuela the Servicio Autónomo de Recursos Pesqueros (SARPA) of the Ministerio de Agricultura y Cría is capable of effectively verifying the application of the laws in force.(4) The procedure for obtaining the health certificate referred to in Article 11(4)(a) of Directive 91/493/EEC must also cover the definition of a model certificate, the minimum requirements regarding the language(s) in which it must be drafted and the grade of the person empowered to sign it.(5) Pursuant to Article 11(4)(b) of Directive 91/493/EEC, a mark should be affixed to packages of fishery products giving the name of the third country and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin.(6) Pursuant to Article 11(4)(c) of Directive 91/493/EEC a list of approved establishments, factory vessels, or cold stores must be drawn up, and a list of freezer vessels equipped in accordance with points 1 to 7 of Annex II to the Directive 92/48/EEC(3) must be also drawn up. These lists must be drawn up on the basis of a communication from the SARPA to the Commission. It is therefore for the SARPA to ensure compliance with the provisions laid down to that end in Article 11(4) of Directive 91/493/EEC.(7) The SARPA has provided official assurances regarding compliance with the rules set out in Chapter V of the Annex to Directive 91/493/EEC and regarding the fulfilment of requirements equivalent to those laid down by that Directive.(8) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The Servicio Autónomo de Recursos Pesqueros (SARPA) of the Ministerio de Agricultura y Cría shall be the competent authority in Venezuela for verifying and certifying compliance of fishery and aquaculture products with the requirements of Directive 91/493/EEC.
Fishery and aquaculture products originating in Venezuela must meet the following conditions:
1. each consignment must be accompanied by a numbered original health certificate, duly completed, signed, dated and comprising a single sheet in accordance with the model in Annex A hereto;
2. the products must come from approved establishments, factory vessels, cold stores or registered freezer vessels listed in Annex B hereto;
3. except in the case of frozen fishery products in bulk and intended for the manufacture of preserved foods, all packages must bear the word “VENEZUELA” and the approval/registration number of the establishment, factory vessel, cold store or freezer vessel of origin in indelible letters.
1. Certificates as referred to in Article 2(1) must be drawn up in at least one official language of the Member State where the checks are carried out.
2. Certificates must bear the name, capacity and signature of the representative of the SARPA and the latter’s official stamp in a colour different from that of other endorsements.
This Decision shall come into effect after 60 days of its publication in the Official Journal of the European Communities.
This Decision is addressed to the Member States.
Done at Brussels, 20 October 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 15.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 187, 7.7.1992, p. 41.
>PIC FILE= “L_2000280EN.004802.EPS”>
>PIC FILE= “L_2000280EN.004901.EPS”>
LIST OF ESTABLISHMENTS AND VESSELS

Pending: 32000D0574

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) thereof,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(3), and in particular Article 22 thereof,Whereas:(1) On 2 April 2000 the diagnosis of infectious salmon anaemia (ISA) was confirmed in a group of salmon (Salmo salar) in a sea farm on Fuglafjordur in the Faeroe Islands. This is the first recorded outbreak of ISA on the Faeroe Islands.(2) According to initial information, preliminary steps have been taken by the Faeroe Islands authorities to avoid spreading the disease, including destruction of all the ISA-infected fish and slaughter of all remaining fish on the infected sea farm.(3) Epidemiological investigation of possible infection routes is taking place. Initially, no other aquaculture farms were suspected of being infected with ISA.(4) In the light of the situation, certain protective measures, in order to prevent the introduction of ISA in the Community, must be taken. These measures include a ban on the imports into the Community of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof and specified conditions for the importation of slaughtered salmon.(5) The measures shall remain in force until 1 April 2001.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 11. Member States shall prohibit imports of slaughtered salmon (Salmo salar), sea trout and rainbow trout originating in Faeroe Islands, unless eviscerated.2. Member States shall prohibit imports from the Faeroe Islands of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof.Article 2In derogation to

Article 1
1. Member States shall prohibit imports of slaughtered salmon (Salmo salar), sea trout and rainbow trout originating in Faeroe Islands, unless eviscerated.
2. Member States shall prohibit imports from the Faeroe Islands of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof.

Article 2
In derogation to Article 1, Member States may allow the introduction of samples for scientific purposes.

Article 3
The Member States shall alter the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.

Article 4
This Decision shall apply until 1 April 2001.

Article 5
This Decision is addressed to the Member States.
Done at Brussels, 14 September 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 24, 30.1.1998, p. 9.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/496/EEC of 15 July 1991 laying down the principles governing the organisation of veterinary checks on animals entering the Community from third countries and amending Directives 89/662/EEC, 90/425/EEC and 90/675/EEC(1), as last amended by Directive 96/43/EC(2), and in particular Article 18(7) thereof,Having regard to Council Directive 97/78/EC of 18 December 1997 laying down the principles governing the organisation of veterinary checks on products entering the Community from third countries(3), and in particular Article 22 thereof,Whereas:(1) On 2 April 2000 the diagnosis of infectious salmon anaemia (ISA) was confirmed in a group of salmon (Salmo salar) in a sea farm on Fuglafjordur in the Faeroe Islands. This is the first recorded outbreak of ISA on the Faeroe Islands.(2) According to initial information, preliminary steps have been taken by the Faeroe Islands authorities to avoid spreading the disease, including destruction of all the ISA-infected fish and slaughter of all remaining fish on the infected sea farm.(3) Epidemiological investigation of possible infection routes is taking place. Initially, no other aquaculture farms were suspected of being infected with ISA.(4) In the light of the situation, certain protective measures, in order to prevent the introduction of ISA in the Community, must be taken. These measures include a ban on the imports into the Community of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof and specified conditions for the importation of slaughtered salmon.(5) The measures shall remain in force until 1 April 2001.(6) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,HAS ADOPTED THIS DECISION:Article 11. Member States shall prohibit imports of slaughtered salmon (Salmo salar), sea trout and rainbow trout originating in Faeroe Islands, unless eviscerated.2. Member States shall prohibit imports from the Faeroe Islands of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof.Article 2In derogation to
1. Member States shall prohibit imports of slaughtered salmon (Salmo salar), sea trout and rainbow trout originating in Faeroe Islands, unless eviscerated.
2. Member States shall prohibit imports from the Faeroe Islands of live fish belonging to the family Salmonidae, as well as eggs and gametes thereof.
In derogation to Article 1, Member States may allow the introduction of samples for scientific purposes.
The Member States shall alter the measures they apply in trade in order to bring them into line with this Decision. They shall immediately inform the Commission thereof.
This Decision shall apply until 1 April 2001.
This Decision is addressed to the Member States.
Done at Brussels, 14 September 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 56.
(2) OJ L 162, 1.7.1996, p. 1.
(3) OJ L 24, 30.1.1998, p. 9.

Pending: 32000D0439

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Article 16 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(3), provides that the situation as regards fishery resources, and its economic implications, needs to be assessed regularly.(2) Regulation (EC) No 1543/2000(4) establishes a Community framework for the collection and management of the fisheries data needed to conduct the common fisheries policy (CFP).(3) By collecting these data, Member States are carrying out a task which is beneficial to the Community in that it contributes to the more efficient management of the common resources. While implementation of the programmes is the responsibility of the Member States, they should therefore qualify for a contribution from the Community towards certain costs incurred in collecting and managing the said data.(4) The action taken by the Commission to assist the collection of these data through annual calls for proposals financed as FIFG innovative measures has reached a level of stability. This action should be consolidated, therefore, on a multiannual basis.(5) A financial reference, within the meaning of point 34 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999, is included in this Decision for the entire duration of the period for which financial assistance is to be provided, without thereby affecting the powers of the budgetary authority as defined by the Treaty.(6) In order to guarantee the necessary financial resources, the preparation of the national programmes and the corresponding Commission decision to co-finance them should take place the year before their execution.(7) Provision should be made to ensure, in 2001, the collection of basic data needed to conduct the CFP.(8) The methods used to collect and process the basic data on fisheries should be compared, and ways should be sought of improving them. The quality of the results obtained should be examined and assessed regularly.(9) Financial assistance should therefore be granted to explore the possibilities and usefulness of extending the scope of the Community framework for the collection and management of basic data.(10) The pilot projects and studies needed to carry out the CFP should be eligible for support, in particular for economic and bio-economic analyses, work on eliminating and preventing overcapacity, and the relations between fisheries, aquaculture and the development of aquatic ecosystems.(11) Steps should be taken to ensure the satisfactory outcome of the measures financed under this Decision.(12) In order to facilitate implementation of these provisions, there should be a procedure for close cooperation between Member States and the Commission within a management committee.(13) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(14) Rules should be laid down governing the eligibility of the expenditure, the level of the Community contribution and the terms on which it will be made available,HAS ADOPTED THIS DECISION:Article 11. The Community may provide financial assistance for the measures referred to in this Decision under the terms and conditions laid down herein.2. The financial reference for the implementation of the measures for which financial assistance is provided for the period 2000 to 2005 shall be EUR 132 million. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.TITLE IExpenditure incurred under the Community framework for the collection and management of dataArticle 2Community assistance shall cover eligible public expenditure incurred by the Member States as provided for in Regulation (EC) No 1543/2000. Only the expenditure referred to in the Annex to this Decision shall be regarded as eligible.Article 3The contribution from the Community shall not exceed:- 50 % cost of the eligible public expenditure incurred in carrying out a minimum programme as provided for in Article 5 of Regulation (EC) No 1543/2000;- 35 % of the additional eligible public expenditure incurred in carrying out an extended programme as provided for in Article 5 of Regulation (EC) No 1543/2000. A financial contribution may be granted for measures connected with extended Community programmes only on condition that the Member State concerned fully meets the requirements for the minimum Community programme and that the annual Community appropriations available under this Decision have not been exhausted by the financial contribution for the minimum programme.Article 41. Member States wishing to receive a financial contribution shall present to the Commission, not later than 31 May 2001,- a national programme as defined in Article 6 of Regulation (EC) No 1543/2000,- their annual expenditure forecasts for the period from 1 January 2002 to 31 December 2006, for which they wish to receive a financial contribution from the Community.2. Each Member State shall forward to the Commission, before 31 May each year,- starting in 2003, a financial report containing a comparison of the expenditure forecast with that incurred for the previous calendar year,- starting in 2002, where necessary, an update of its national programme and/or the annual expenditure forecast, as defined in Article 6(1) and (2) of Regulation (EC) No 1543/2000, for the current and subsequent years.3. The Commission shall decide each year, in accordance with the procedure laid down in Article 12(2), on the basis of the information provided by the Member States, on:(a) the eligibility of the forecast expenditure;(b) the amount of the financial assistance from the Community for the following year.4. Decisions by the Commission to grant financial assistance shall be treated as equivalent to the commitment of expenditure authorised by the budget.Article 5In order to assist the collection and management of data in 2001, the Commission shall organise, as appropriate, calls for proposals and invitations to tender in accordance with established rules and practices.Article 61. The assistance granted to a Member State in respect of each year of application of the programme shall be paid in two instalments as follows:(a) 50 % when the application has been approved;(b) the balance following the transmission to the Commission of the annual applications for the reimbursement of expenditure incurred by the Member State and following acceptance by the Commission of the financial report referred to in Article 4(2) and the technical report referred to in paragraph 2.2. Member States shall submit, from 2003 onwards, no later than 31 May following each year of application of the programme,- a technical report containing details of the attainment of the objectives set when the minimum and the extended programmes were drawn up,- their applications for the reimbursement of expenditure incurred during the previous calendar year, with supporting documents.3. When submitting applications for the reimbursement of expenditure, Member States shall take all appropriate steps to verify and certify:- that the measures implemented and the expenditure incurred under the Commission decision taken pursuant to Article 4(3) correspond to the programme accepted by the Commission,- that the said expenditure complies with the conditions set out in this Decision, in particular in the Annex,- that contracts are awarded in accordance with the legislation on public procurement.Article 71. The Commission representatives may carry out on-the-spot checks, inter alia, by random sampling, on the measures financed under this Decision, and study the control arrangements and measures put in place by the national authorities to prevent and penalise irregularities and, where necessary, recover funds lost as a result of an irregularity.2. The Commission may carry out all the checks it considers necessary to ensure compliance with the conditions and the performance of the tasks imposed by this Decision on the Member States, which shall assist the representatives appointed for this purpose by the Commission.Article 81. The report to be drafted by the Commission by 31 December 2003 pursuant to Article 10(2) of Regulation (EC) No 1543/2000 shall also analyse the cost/benefit ratio of the work carried out.2. On the basis of the report referred to in paragraph 1, the Commission shall examine whether there is any need to amend this Decision or improve its application and present, as appropriate, a proposal to the Council.TITLE IIStudies and pilot projectsArticle 91. The Commission may carry out studies and pilot projects.2. The spheres of activity which may be covered shall include:(a) methodological studies and projects aimed at optimising and standardising methods of collecting the data defined in

Article 1
1. The Community may provide financial assistance for the measures referred to in this Decision under the terms and conditions laid down herein.
2. The financial reference for the implementation of the measures for which financial assistance is provided for the period 2000 to 2005 shall be EUR 132 million. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Expenditure incurred under the Community framework for the collection and management of data

Article 2
Community assistance shall cover eligible public expenditure incurred by the Member States as provided for in Regulation (EC) No 1543/2000. Only the expenditure referred to in the Annex to this Decision shall be regarded as eligible.

Article 3
The contribution from the Community shall not exceed:
– 50 % cost of the eligible public expenditure incurred in carrying out a minimum programme as provided for in Article 5 of Regulation (EC) No 1543/2000;
– 35 % of the additional eligible public expenditure incurred in carrying out an extended programme as provided for in Article 5 of Regulation (EC) No 1543/2000. A financial contribution may be granted for measures connected with extended Community programmes only on condition that the Member State concerned fully meets the requirements for the minimum Community programme and that the annual Community appropriations available under this Decision have not been exhausted by the financial contribution for the minimum programme.

Article 4
1. Member States wishing to receive a financial contribution shall present to the Commission, not later than 31 May 2001,
– a national programme as defined in Article 6 of Regulation (EC) No 1543/2000,
– their annual expenditure forecasts for the period from 1 January 2002 to 31 December 2006, for which they wish to receive a financial contribution from the Community.
2. Each Member State shall forward to the Commission, before 31 May each year,
– starting in 2003, a financial report containing a comparison of the expenditure forecast with that incurred for the previous calendar year,
– starting in 2002, where necessary, an update of its national programme and/or the annual expenditure forecast, as defined in Article 6(1) and (2) of Regulation (EC) No 1543/2000, for the current and subsequent years.
3. The Commission shall decide each year, in accordance with the procedure laid down in Article 12(2), on the basis of the information provided by the Member States, on:
(a) the eligibility of the forecast expenditure;
(b) the amount of the financial assistance from the Community for the following year.
4. Decisions by the Commission to grant financial assistance shall be treated as equivalent to the commitment of expenditure authorised by the budget.

Article 5
In order to assist the collection and management of data in 2001, the Commission shall organise, as appropriate, calls for proposals and invitations to tender in accordance with established rules and practices.

Article 6
1. The assistance granted to a Member State in respect of each year of application of the programme shall be paid in two instalments as follows:
(a) 50 % when the application has been approved;
(b) the balance following the transmission to the Commission of the annual applications for the reimbursement of expenditure incurred by the Member State and following acceptance by the Commission of the financial report referred to in Article 4(2) and the technical report referred to in paragraph 2.
2. Member States shall submit, from 2003 onwards, no later than 31 May following each year of application of the programme,
– a technical report containing details of the attainment of the objectives set when the minimum and the extended programmes were drawn up,
– their applications for the reimbursement of expenditure incurred during the previous calendar year, with supporting documents.
3. When submitting applications for the reimbursement of expenditure, Member States shall take all appropriate steps to verify and certify:
– that the measures implemented and the expenditure incurred under the Commission decision taken pursuant to Article 4(3) correspond to the programme accepted by the Commission,
– that the said expenditure complies with the conditions set out in this Decision, in particular in the Annex,
– that contracts are awarded in accordance with the legislation on public procurement.

Article 7
1. The Commission representatives may carry out on-the-spot checks, inter alia, by random sampling, on the measures financed under this Decision, and study the control arrangements and measures put in place by the national authorities to prevent and penalise irregularities and, where necessary, recover funds lost as a result of an irregularity.
2. The Commission may carry out all the checks it considers necessary to ensure compliance with the conditions and the performance of the tasks imposed by this Decision on the Member States, which shall assist the representatives appointed for this purpose by the Commission.

Article 8
1. The report to be drafted by the Commission by 31 December 2003 pursuant to Article 10(2) of Regulation (EC) No 1543/2000 shall also analyse the cost/benefit ratio of the work carried out.
2. On the basis of the report referred to in paragraph 1, the Commission shall examine whether there is any need to amend this Decision or improve its application and present, as appropriate, a proposal to the Council.
Studies and pilot projects

Article 9
1. The Commission may carry out studies and pilot projects.
2. The spheres of activity which may be covered shall include:
(a) methodological studies and projects aimed at optimising and standardising methods of collecting the data defined in Article 1 of Regulation (EC) No 1543/2000;
(b) exploratory data collection projects in the areas defined in Article 10(3) of Regulation (EC) No 1543/2000;
(c) economic and bio-economic analyses and simulations connected with decisions planned under the CFP and the evaluation of the impact of the CFP;
(d) selectivity of fishing techniques and examination of the links between catch capacity, fishing effort and mortality in each fishery;
(e) improving the enforcement of the CFP, particularly in terms of cost-effectiveness,
(f) evaluating and controlling the links between fishing activities and aquaculture and aquatic ecosystems.
3. Pilot projects and studies may not cover measures which are:
(a) eligible under the European Framework Programme on Research;
(b) covered by Title I of this Decision;
(c) covered by Articles 21 and 22 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(6).
4. The Commission shall publish each year a list of the priority topics for studies and pilot projects.
5. The financial contribution from the Community for studies and pilot projects shall not exceed:
(a) in the case of measures carried out following a call for proposals, 50 % of the total eligible costs. Universities and public research bodies which, under the law of the country to which they are subject, are required to defray marginal costs, may submit proposals in respect of up to 100 % of the marginal costs incurred in carrying out a project;
(b) 100 % of eligible expenditure incurred in carrying out studies and pilot projects at the Commission’s initiative as a result of a procedure other than a call for proposals.
6. The financing of all studies and pilot projects carried out pursuant to paragraph 2(c) to (f) may not exceed 15 % of the annual appropriations authorised for the measures financed under this Decision.
General provisions

Article 10
Financing may also be provided, at the Commission’s initiative, for the period referred to in Article 1(2), to cover:
1. expenditure on technical and administrative assistance for the mutual benefit of the Commission and the beneficiaries of the measure, and falling outside the realm of ongoing public service tasks, connected with identifying, preparing, managing, monitoring, auditing and checking the programmes and projects referred to in Titles I and II,
2. the costs of disseminating the results achieved via the national programmes, studies and pilot projects referred to in Titles I and II.

Article 11
The measures necessary for the implementation of this Decision relating in particular to matters referred to in Article 4 shall be adopted in accordance with the procedure referred to in Article 12(2).

Article 12
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 17 of Regulation (EEC) No 3760/92, hereinafter called “the Committee”.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.

Article 13
This Decision shall apply from 22 July 2000.

Article 14
This Decision is addressed to the Member States.
Done at Luxembourg, 29 June 2000.
For the Council
The President
(1) OJ C 56 E, 29.2.2000, p. 29.
(2) Opinion delivered on 2 March 2000 (not yet published in the Official Journal).
(3) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1 ).
(4) See page 1 of this Official Journal.
(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 161, 26.6.1999, p. 1.

THE COUNCIL OF THE EUROPEAN UNION,Having regard to the Treaty establishing the European Community, and in particular Article 37 thereof,Having regard to the proposal from the Commission(1),Having regard to the opinion of the European Parliament(2),Whereas:(1) Article 16 of Council Regulation (EEC) No 3760/92 of 20 December 1992 establishing a Community system for fisheries and aquaculture(3), provides that the situation as regards fishery resources, and its economic implications, needs to be assessed regularly.(2) Regulation (EC) No 1543/2000(4) establishes a Community framework for the collection and management of the fisheries data needed to conduct the common fisheries policy (CFP).(3) By collecting these data, Member States are carrying out a task which is beneficial to the Community in that it contributes to the more efficient management of the common resources. While implementation of the programmes is the responsibility of the Member States, they should therefore qualify for a contribution from the Community towards certain costs incurred in collecting and managing the said data.(4) The action taken by the Commission to assist the collection of these data through annual calls for proposals financed as FIFG innovative measures has reached a level of stability. This action should be consolidated, therefore, on a multiannual basis.(5) A financial reference, within the meaning of point 34 of the Interinstitutional Agreement between the European Parliament, the Council and the Commission of 6 May 1999, is included in this Decision for the entire duration of the period for which financial assistance is to be provided, without thereby affecting the powers of the budgetary authority as defined by the Treaty.(6) In order to guarantee the necessary financial resources, the preparation of the national programmes and the corresponding Commission decision to co-finance them should take place the year before their execution.(7) Provision should be made to ensure, in 2001, the collection of basic data needed to conduct the CFP.(8) The methods used to collect and process the basic data on fisheries should be compared, and ways should be sought of improving them. The quality of the results obtained should be examined and assessed regularly.(9) Financial assistance should therefore be granted to explore the possibilities and usefulness of extending the scope of the Community framework for the collection and management of basic data.(10) The pilot projects and studies needed to carry out the CFP should be eligible for support, in particular for economic and bio-economic analyses, work on eliminating and preventing overcapacity, and the relations between fisheries, aquaculture and the development of aquatic ecosystems.(11) Steps should be taken to ensure the satisfactory outcome of the measures financed under this Decision.(12) In order to facilitate implementation of these provisions, there should be a procedure for close cooperation between Member States and the Commission within a management committee.(13) The measures necessary for the implementation of this Decision should be adopted in accordance with Council Decision 1999/468/EC of 28 June 1999 laying down the procedures for the exercise of implementing powers conferred on the Commission(5).(14) Rules should be laid down governing the eligibility of the expenditure, the level of the Community contribution and the terms on which it will be made available,HAS ADOPTED THIS DECISION:Article 11. The Community may provide financial assistance for the measures referred to in this Decision under the terms and conditions laid down herein.2. The financial reference for the implementation of the measures for which financial assistance is provided for the period 2000 to 2005 shall be EUR 132 million. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.TITLE IExpenditure incurred under the Community framework for the collection and management of dataArticle 2Community assistance shall cover eligible public expenditure incurred by the Member States as provided for in Regulation (EC) No 1543/2000. Only the expenditure referred to in the Annex to this Decision shall be regarded as eligible.Article 3The contribution from the Community shall not exceed:- 50 % cost of the eligible public expenditure incurred in carrying out a minimum programme as provided for in Article 5 of Regulation (EC) No 1543/2000;- 35 % of the additional eligible public expenditure incurred in carrying out an extended programme as provided for in Article 5 of Regulation (EC) No 1543/2000. A financial contribution may be granted for measures connected with extended Community programmes only on condition that the Member State concerned fully meets the requirements for the minimum Community programme and that the annual Community appropriations available under this Decision have not been exhausted by the financial contribution for the minimum programme.Article 41. Member States wishing to receive a financial contribution shall present to the Commission, not later than 31 May 2001,- a national programme as defined in Article 6 of Regulation (EC) No 1543/2000,- their annual expenditure forecasts for the period from 1 January 2002 to 31 December 2006, for which they wish to receive a financial contribution from the Community.2. Each Member State shall forward to the Commission, before 31 May each year,- starting in 2003, a financial report containing a comparison of the expenditure forecast with that incurred for the previous calendar year,- starting in 2002, where necessary, an update of its national programme and/or the annual expenditure forecast, as defined in Article 6(1) and (2) of Regulation (EC) No 1543/2000, for the current and subsequent years.3. The Commission shall decide each year, in accordance with the procedure laid down in Article 12(2), on the basis of the information provided by the Member States, on:(a) the eligibility of the forecast expenditure;(b) the amount of the financial assistance from the Community for the following year.4. Decisions by the Commission to grant financial assistance shall be treated as equivalent to the commitment of expenditure authorised by the budget.Article 5In order to assist the collection and management of data in 2001, the Commission shall organise, as appropriate, calls for proposals and invitations to tender in accordance with established rules and practices.Article 61. The assistance granted to a Member State in respect of each year of application of the programme shall be paid in two instalments as follows:(a) 50 % when the application has been approved;(b) the balance following the transmission to the Commission of the annual applications for the reimbursement of expenditure incurred by the Member State and following acceptance by the Commission of the financial report referred to in Article 4(2) and the technical report referred to in paragraph 2.2. Member States shall submit, from 2003 onwards, no later than 31 May following each year of application of the programme,- a technical report containing details of the attainment of the objectives set when the minimum and the extended programmes were drawn up,- their applications for the reimbursement of expenditure incurred during the previous calendar year, with supporting documents.3. When submitting applications for the reimbursement of expenditure, Member States shall take all appropriate steps to verify and certify:- that the measures implemented and the expenditure incurred under the Commission decision taken pursuant to Article 4(3) correspond to the programme accepted by the Commission,- that the said expenditure complies with the conditions set out in this Decision, in particular in the Annex,- that contracts are awarded in accordance with the legislation on public procurement.Article 71. The Commission representatives may carry out on-the-spot checks, inter alia, by random sampling, on the measures financed under this Decision, and study the control arrangements and measures put in place by the national authorities to prevent and penalise irregularities and, where necessary, recover funds lost as a result of an irregularity.2. The Commission may carry out all the checks it considers necessary to ensure compliance with the conditions and the performance of the tasks imposed by this Decision on the Member States, which shall assist the representatives appointed for this purpose by the Commission.Article 81. The report to be drafted by the Commission by 31 December 2003 pursuant to Article 10(2) of Regulation (EC) No 1543/2000 shall also analyse the cost/benefit ratio of the work carried out.2. On the basis of the report referred to in paragraph 1, the Commission shall examine whether there is any need to amend this Decision or improve its application and present, as appropriate, a proposal to the Council.TITLE IIStudies and pilot projectsArticle 91. The Commission may carry out studies and pilot projects.2. The spheres of activity which may be covered shall include:(a) methodological studies and projects aimed at optimising and standardising methods of collecting the data defined in
1. The Community may provide financial assistance for the measures referred to in this Decision under the terms and conditions laid down herein.
2. The financial reference for the implementation of the measures for which financial assistance is provided for the period 2000 to 2005 shall be EUR 132 million. The annual appropriations shall be authorised by the budgetary authority within the limits of the financial perspective.
Expenditure incurred under the Community framework for the collection and management of data
Community assistance shall cover eligible public expenditure incurred by the Member States as provided for in Regulation (EC) No 1543/2000. Only the expenditure referred to in the Annex to this Decision shall be regarded as eligible.
The contribution from the Community shall not exceed:
– 50 % cost of the eligible public expenditure incurred in carrying out a minimum programme as provided for in Article 5 of Regulation (EC) No 1543/2000;
– 35 % of the additional eligible public expenditure incurred in carrying out an extended programme as provided for in Article 5 of Regulation (EC) No 1543/2000. A financial contribution may be granted for measures connected with extended Community programmes only on condition that the Member State concerned fully meets the requirements for the minimum Community programme and that the annual Community appropriations available under this Decision have not been exhausted by the financial contribution for the minimum programme.
1. Member States wishing to receive a financial contribution shall present to the Commission, not later than 31 May 2001,
– a national programme as defined in Article 6 of Regulation (EC) No 1543/2000,
– their annual expenditure forecasts for the period from 1 January 2002 to 31 December 2006, for which they wish to receive a financial contribution from the Community.
2. Each Member State shall forward to the Commission, before 31 May each year,
– starting in 2003, a financial report containing a comparison of the expenditure forecast with that incurred for the previous calendar year,
– starting in 2002, where necessary, an update of its national programme and/or the annual expenditure forecast, as defined in Article 6(1) and (2) of Regulation (EC) No 1543/2000, for the current and subsequent years.
3. The Commission shall decide each year, in accordance with the procedure laid down in Article 12(2), on the basis of the information provided by the Member States, on:
(a) the eligibility of the forecast expenditure;
(b) the amount of the financial assistance from the Community for the following year.
4. Decisions by the Commission to grant financial assistance shall be treated as equivalent to the commitment of expenditure authorised by the budget.
In order to assist the collection and management of data in 2001, the Commission shall organise, as appropriate, calls for proposals and invitations to tender in accordance with established rules and practices.
1. The assistance granted to a Member State in respect of each year of application of the programme shall be paid in two instalments as follows:
(a) 50 % when the application has been approved;
(b) the balance following the transmission to the Commission of the annual applications for the reimbursement of expenditure incurred by the Member State and following acceptance by the Commission of the financial report referred to in Article 4(2) and the technical report referred to in paragraph 2.
2. Member States shall submit, from 2003 onwards, no later than 31 May following each year of application of the programme,
– a technical report containing details of the attainment of the objectives set when the minimum and the extended programmes were drawn up,
– their applications for the reimbursement of expenditure incurred during the previous calendar year, with supporting documents.
3. When submitting applications for the reimbursement of expenditure, Member States shall take all appropriate steps to verify and certify:
– that the measures implemented and the expenditure incurred under the Commission decision taken pursuant to Article 4(3) correspond to the programme accepted by the Commission,
– that the said expenditure complies with the conditions set out in this Decision, in particular in the Annex,
– that contracts are awarded in accordance with the legislation on public procurement.
1. The Commission representatives may carry out on-the-spot checks, inter alia, by random sampling, on the measures financed under this Decision, and study the control arrangements and measures put in place by the national authorities to prevent and penalise irregularities and, where necessary, recover funds lost as a result of an irregularity.
2. The Commission may carry out all the checks it considers necessary to ensure compliance with the conditions and the performance of the tasks imposed by this Decision on the Member States, which shall assist the representatives appointed for this purpose by the Commission.
1. The report to be drafted by the Commission by 31 December 2003 pursuant to Article 10(2) of Regulation (EC) No 1543/2000 shall also analyse the cost/benefit ratio of the work carried out.
2. On the basis of the report referred to in paragraph 1, the Commission shall examine whether there is any need to amend this Decision or improve its application and present, as appropriate, a proposal to the Council.
Studies and pilot projects
1. The Commission may carry out studies and pilot projects.
2. The spheres of activity which may be covered shall include:
(a) methodological studies and projects aimed at optimising and standardising methods of collecting the data defined in Article 1 of Regulation (EC) No 1543/2000;
(b) exploratory data collection projects in the areas defined in Article 10(3) of Regulation (EC) No 1543/2000;
(c) economic and bio-economic analyses and simulations connected with decisions planned under the CFP and the evaluation of the impact of the CFP;
(d) selectivity of fishing techniques and examination of the links between catch capacity, fishing effort and mortality in each fishery;
(e) improving the enforcement of the CFP, particularly in terms of cost-effectiveness,
(f) evaluating and controlling the links between fishing activities and aquaculture and aquatic ecosystems.
3. Pilot projects and studies may not cover measures which are:
(a) eligible under the European Framework Programme on Research;
(b) covered by Title I of this Decision;
(c) covered by Articles 21 and 22 of Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(6).
4. The Commission shall publish each year a list of the priority topics for studies and pilot projects.
5. The financial contribution from the Community for studies and pilot projects shall not exceed:
(a) in the case of measures carried out following a call for proposals, 50 % of the total eligible costs. Universities and public research bodies which, under the law of the country to which they are subject, are required to defray marginal costs, may submit proposals in respect of up to 100 % of the marginal costs incurred in carrying out a project;
(b) 100 % of eligible expenditure incurred in carrying out studies and pilot projects at the Commission’s initiative as a result of a procedure other than a call for proposals.
6. The financing of all studies and pilot projects carried out pursuant to paragraph 2(c) to (f) may not exceed 15 % of the annual appropriations authorised for the measures financed under this Decision.
General provisions
Financing may also be provided, at the Commission’s initiative, for the period referred to in Article 1(2), to cover:
1. expenditure on technical and administrative assistance for the mutual benefit of the Commission and the beneficiaries of the measure, and falling outside the realm of ongoing public service tasks, connected with identifying, preparing, managing, monitoring, auditing and checking the programmes and projects referred to in Titles I and II,
2. the costs of disseminating the results achieved via the national programmes, studies and pilot projects referred to in Titles I and II.
The measures necessary for the implementation of this Decision relating in particular to matters referred to in Article 4 shall be adopted in accordance with the procedure referred to in Article 12(2).
1. The Commission shall be assisted by the Committee for Fisheries and Aquaculture established by Article 17 of Regulation (EEC) No 3760/92, hereinafter called “the Committee”.
2. Where reference is made to this paragraph, Articles 4 and 7 of Decision 1999/468/EC shall apply.
The period laid down in Article 4(3) of Decision 1999/468/EC shall be set at one month.
3. The Committee shall adopt its rules of procedure.
This Decision shall apply from 22 July 2000.
This Decision is addressed to the Member States.
Done at Luxembourg, 29 June 2000.
For the Council
The President
(1) OJ C 56 E, 29.2.2000, p. 29.
(2) Opinion delivered on 2 March 2000 (not yet published in the Official Journal).
(3) OJ L 389, 31.12.1992, p. 1. Regulation as last amended by Regulation (EC) No 1181/98 (OJ L 164, 9.6.1998, p. 1 ).
(4) See page 1 of this Official Journal.
(5) OJ L 184, 17.7.1999, p. 23.
(6) OJ L 161, 26.6.1999, p. 1.
Expenditure eligible under Community programmes
Without prejudice to paragraph 4, eligible expenditure shall consist only of expenditure actually borne by the beneficiary and the participants between the date of commencement of the project and its date of completion, and required for carrying out the work. Eligible expenditure may include all or some of the following:
– staff costs
– travelling expenses
– durable goods
– consumable materials and supplies
– computer costs
– subcontracting/outside assistance and other expenditure.
1. Staff costs
1.1. Expenditure on staff for the time actually devoted to the project by scientific or technical staff only.
1.2. Staff costs shall be apportioned in relation to the working time actually devoted to the project and shall be calculated by reference to:
– actual labour costs (wages, social costs, social security and pension contributions), or
– average labour costs, in line with the practice of the beneficiary or the participant concerned, if this average does not diverge significantly from actual labour costs.
1.3. Time devoted by staff to the programme and apportioned must appear in full in the records (time sheets) and be certified at least once each month by the person responsible for the programme or any other competent member of the managerial staff working on the programme.
2. Travelling expenses
2.1. Travelling expenses shall be apportioned in accordance with the internal rules of the beneficiaries or participants; however, for journeys outside the Community, prior agreement of the Commission shall be required.
3. Durable goods
3.1. Expenditure on durable goods shall relate to purchase or production after the date of actual commencement of the programme or within the preceding six months and:
– which have an expected life not shorter than the duration of the work under the programme,
– which are included in the inventory of durable goods of the coordinator or participant concerned, or
– which are regarded as assets in accordance with the accounting methods, rules and principles of the beneficiary or participant concerned.
3.2. For the purpose of calculating the eligible expenditure, durable goods will be considered to have a probable life of 36 months in the case of computer equipment of a value not exceeding EUR 10000, and 60 months in the case of other goods. The eligible amount will depend on the expected life of the goods in relation to the duration of the programme, on condition that the period used to calculate this amount starts on the actual date of commencement of the programme, or the date of purchase of the goods where this occurs after the date of commencement, and ends on the date of completion of the programme. Account should be taken also of the use made of the goods during that period.
3.3. For each purchase of durable goods, a certified copy of the invoice must be attached to the statement of income and expenditure, and forwarded to the Commission.
4. Consumable materials and supplies
4.1. Expenditure on consumable raw materials for the purchase, production, repair or use of any goods or equipment which:
– have a probable life shorter than the duration of the work under the programme, and
– are not included in the inventory of durable goods of the beneficiary or participant concerned, or
– are not regarded as assets in accordance with the accounting principles, rules and methods of the coordinator or participant concerned.
For research surveys at sea, including those conducted from chartered vessels, only rental costs and other operating costs shall be eligible. A certified copy of the invoice must be attached to the statement of income and expenditure and forwarded to the Commission.
6. Computer costs
6.1. Expenditure on the establishment and supply to Member States of software for the management and interrogation of databases.
7. Subcontracting/outside assistance and other expenditure
7.1. Subcontracting/outside assistance (standard and non-innovative services, provided for beneficiaries or partners who are unable to provide them themselves) or any other additional or unforeseen expenditure not falling within one of the above categories may be charged to the programme only with the prior agreement of the Commission.
7.2. Countries outside the Community may, if their contribution is necessary or desirable for carrying out Community programmes, participate as subcontractors in a national programme with the written approval of the Commission.
8. Unauthorised expenditure
8.1. The expenditure listed below is not regarded as eligible and may not be charged directly or indirectly to the Commission:
– profit margins
– expenditure on luxuries
– distribution, marketing and advertising costs of promoting products and commercial activities
– provisions
– interest or income on capital investments
– bad debts
– entertainment expenses, other than those regarded by the Commission as strictly necessary for carrying out the work under the project
– all expenditure on other projects financed by a third party
– all expenditure on protecting the results of the work carried out under the project
– indirect costs such as: administration, support staff, office supplies, infrastructure, goods and services
– VAT and other recoverable types of levy, charge or duty, reimbursed or offset, in one way or other.

Pending: 32000D0339

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular the first subparagraph of Article 4(4) thereof,After consulting the Advisory Committee on the Development and Conversion of Regions, the Committee on Agricultural Structures and Rural Development and the Management Committee for Fisheries and Aquaculture,Whereas:(1) Point 2 of the first subparagraph of

Article 1
The areas in France eligible under Objective 2 of the Structural Funds for the period 2000 to 2006 are listed in the Annex hereto.
This list may be amended in the course of 2003.

Article 2
This Decision is addressed to the French Republic.
Done at Brussels, 7 March 2000.
For the Commission
Michel Barnier
Member of the Commission
(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 194, 27.7.1999, p. 58.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Regulation (EC) No 1260/1999 of 21 June 1999 laying down general provisions on the Structural Funds(1), and in particular the first subparagraph of Article 4(4) thereof,After consulting the Advisory Committee on the Development and Conversion of Regions, the Committee on Agricultural Structures and Rural Development and the Management Committee for Fisheries and Aquaculture,Whereas:(1) Point 2 of the first subparagraph of
The areas in France eligible under Objective 2 of the Structural Funds for the period 2000 to 2006 are listed in the Annex hereto.
This list may be amended in the course of 2003.
This Decision is addressed to the French Republic.
Done at Brussels, 7 March 2000.
For the Commission
Michel Barnier
Member of the Commission
(1) OJ L 161, 26.6.1999, p. 1.
(2) OJ L 194, 27.7.1999, p. 58.
LIST OF AREAS ELIGIBLE UNDER OBJECTIVE 2 OF THE STRUCTURAL FUNDS IN FRANCE
2000 to 2006

Pending: 32000D0333

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of bivalve molluscs(1), as last amended by Directive 97/79/EC(2), and in particular Article 9(3)(b) thereof,Whereas:(1) A Commission expert has conducted an inspection visit to the Socialist Republic of Vietnam to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The provisions of legislation of the Socialist Republic of Vietnam make the National Fisheries Inspection and Quality Assurance Centre (Nafiqacen) responsible for inspecting the health of bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production. The same legislation empowers Nafiqacen to authorise or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones.(3) Nafiqacen and its laboratories are capable of effectively verifying the application of the laws in force in the Socialist Republic of Vietnam.(4) The competent authorities of the Socialist Republic of Vietnam have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting zones.(5) The competent authorities of the Socialist Republic of Vietnam have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring.(6) The Socialist Republic of Vietnam is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9(3)(a) of Directive 91/492/EEC.(7) The Socialist Republic of Vietnam wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods which have been sterilised or heat-treated in accordance with the requirements of Commission Decision 93/25/EEC(3), as amended by Decision 97/275/EC(4). For this purpose, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community should be designated.(8) The special import conditions should apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(5), as last amended by Directive 95/22/EC(6).(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,

Article 1
The National Fisheries Inspection and Quality Assurance Centre (Nafiqacen) of the Ministry of Fisheries shall be the competent authority in the Socialist Republic of Vietnam for verifying and certifying that bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.

Article 2
Bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Socialist Republic of Vietnam and intended for human consumption must originate in the authorised production areas listed in the Annex hereto.

Article 3
This Decision is addressed to the Member States.
Done at Brussels, 25 April 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 1.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 16, 25.1.1993, p. 22.
(4) OJ L 108, 25.4.1997, p. 52.
(5) OJ L 46, 19.2.1991, p. 1.
(6) OJ L 243, 11.10.1995, p. 1.

THE COMMISSION OF THE EUROPEAN COMMUNITIES,Having regard to the Treaty establishing the European Community,Having regard to Council Directive 91/492/EEC of 15 July 1991 laying down the health conditions for the production and the placing on the market of bivalve molluscs(1), as last amended by Directive 97/79/EC(2), and in particular Article 9(3)(b) thereof,Whereas:(1) A Commission expert has conducted an inspection visit to the Socialist Republic of Vietnam to verify the conditions under which fishery products are produced, stored and dispatched to the Community.(2) The provisions of legislation of the Socialist Republic of Vietnam make the National Fisheries Inspection and Quality Assurance Centre (Nafiqacen) responsible for inspecting the health of bivalve molluscs, echinoderms, tunicates and marine gastropods and for monitoring the hygiene and sanitary conditions of production. The same legislation empowers Nafiqacen to authorise or prohibit the harvesting of bivalve molluscs, echinoderms, tunicates and marine gastropods from certain zones.(3) Nafiqacen and its laboratories are capable of effectively verifying the application of the laws in force in the Socialist Republic of Vietnam.(4) The competent authorities of the Socialist Republic of Vietnam have undertaken to communicate regularly and quickly to the Commission data on the presence of plankton containing toxins in the harvesting zones.(5) The competent authorities of the Socialist Republic of Vietnam have provided official assurances regarding compliance with the requirements specified in Chapter V of the Annex to Directive 91/492/EEC and with requirements equivalent to those prescribed in that Directive for the classification of production and relaying zones, approval of dispatch and purification centres and public health control and production monitoring.(6) The Socialist Republic of Vietnam is eligible for inclusion in the list of third countries fulfilling the conditions of equivalence referred to in Article 9(3)(a) of Directive 91/492/EEC.(7) The Socialist Republic of Vietnam wishes to export to the Community frozen or processed bivalve molluscs, echinoderms, tunicates and marine gastropods which have been sterilised or heat-treated in accordance with the requirements of Commission Decision 93/25/EEC(3), as amended by Decision 97/275/EC(4). For this purpose, the production areas from which bivalve molluscs, echinoderms, tunicates and marine gastropods may be harvested and exported to the Community should be designated.(8) The special import conditions should apply without prejudice to decisions taken pursuant to Council Directive 91/67/EEC of 28 January 1991 concerning the animal health conditions governing the placing on the market of aquaculture animals and products(5), as last amended by Directive 95/22/EC(6).(9) The measures provided for in this Decision are in accordance with the opinion of the Standing Veterinary Committee,
The National Fisheries Inspection and Quality Assurance Centre (Nafiqacen) of the Ministry of Fisheries shall be the competent authority in the Socialist Republic of Vietnam for verifying and certifying that bivalve molluscs, echinoderms, tunicates and marine gastropods fulfil the requirements of Directive 91/492/EEC.
Bivalve molluscs, echinoderms, tunicates and marine gastropods originating in the Socialist Republic of Vietnam and intended for human consumption must originate in the authorised production areas listed in the Annex hereto.
This Decision is addressed to the Member States.
Done at Brussels, 25 April 2000.
For the Commission
David Byrne
Member of the Commission
(1) OJ L 268, 24.9.1991, p. 1.
(2) OJ L 24, 30.1.1998, p. 31.
(3) OJ L 16, 25.1.1993, p. 22.
(4) OJ L 108, 25.4.1997, p. 52.
(5) OJ L 46, 19.2.1991, p. 1.
(6) OJ L 243, 11.10.1995, p. 1.