COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Decision establishing the European Year of Education through Sport 2004

2001/0244 (COD)

COMMUNICATION FROM THE COMMISSION TO THE EUROPEAN PARLIAMENT pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a European Parliament and Council Decision establishing the European Year of Education through Sport 2004

1- BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM(2001) 584 final - 2001/0244(COD)): // 16/17 October 2001

Date of the Economic and Social Committee's opinion: // 24 April 2002

Date of the European Parliament's opinion at first reading: // 14 May 2002

Date of the opinion of the Committee of the Regions: // 15 May 2002

Date on which the common position was adopted: // 14 October 2002

2- PURPOSE OF THE COMMISSION'S PROPOSAL

In accordance with Article 251 of the EC Treaty, the purpose of the enclosed communication is to set out the Commission's position on the Council's common position of 14 October 2002 concerning the Proposal for a European Parliament and Council Decision establishing the European Year of Education through Sport 2004.

The aim of the proposal is to dedicate 2004 to making better use of the educational values transmitted through sport by encouraging partnerships between academic institutions and sports organisations. The proposal is a response to the request made by the European Council at Nice that an effort be made to improve the integration of sporting values in various Community policies and activities.

3- COMMENTS ON THE COMMON POSITION

In general, the common position retains the main features of the Commission's proposal for a decision while being consistent with the opinion of the European Parliament.

The Council accepted the main amendments adopted at first reading by the European Parliament, on 14 May 2002, and accepted by the Commission. The Commission has had the opportunity to explain to the Council its position on the amendments introduced during the first reading.

The Commission therefore takes the view that this common position, which was adopted unanimously, with Portugal abstaining, provides a good basis for pursuing negotiations on the proposal for a decision. The common position should make it possible for the proposal for a decision to be adopted rapidly under the co-decision procedure.

As regards the budget, the Council approved the overall budget of EUR 11.5 million, which was proposed by the Commission and accepted by the Parliament at first reading.

As regards the objectives of the decision, the common position remains faithful to the seven objectives proposed by the Commission and amended by the Parliament at first reading. As a result of the amendments, greater emphasis has been placed on the educational aspects of the Year of Education through Sport and the subsidiarity principle has been given greater weight. The Parliament's amendment concerning the inclusion of a specific objective on gender equality has been added to the recitals. In fact, rather than being an overall objective relating specifically to the European Year of Education through Sport, this is an issue which must be incorporated generally into Community measures.

As regards the measures, the common position accepts those proposed by the Commission and amended by the Parliament, particularly the elimination of surveys and studies, with the exception of those relating to the evaluation of the impact of the European Year of Education through Sport.

However, two amendments have not been accepted.

The common position does not accept the Parliament's amendment concerning the inclusion of a list of various sporting competitions to be held in 2004. The Commission agrees with this approach. In fact, in its initial proposal, the Commission cited the Olympic and Paralympic Games in Athens firstly because of their universal and symbolic character and secondly because they cover most sports. The proposal simply mentioned the other major sporting events and only cited EURO 2004 in Portugal as an example. If other events were also cited, this would result in a very long list, which would be out of proportion with the text of the decision. It should be borne in mind that each year around 200 European and/or international championships relating to all sports and all categories of participants are organised in Europe. An exhaustive list would add nothing to the proposal for a decision and would make it excessively cumbersome. One of the objectives of the European Year of Education through Sport is simply to use events of this kind as a platform for voluntary initiatives -- this being viewed as a key part of non-formal education.

The common position also does not accept the amendment which would involve a sports competition being organised among European schools. The winners of the competition would take part in the lighting of the Olympic torch in March 2004 in Olympia. The Commission did not accept this amendment either. The Commission feels that the arrangement proposed by the Council, which would involve mentioning "European competitions with an educational slant", would enable those involved in the European Year of Education through Sport to submit proposals in response to the concerns expressed by the Parliament, as set out explicitly in a declaration attached to the common position. The Commission cannot under any circumstances take the place of educational institutions or sports organisations and organise activities which fall within their remit.

When implementing the decision, however, the Commission will do its utmost to encourage the specialised organisations, from both the school education sector and the sports sector, to put forward as part of the European Year of Education through Sport a project for a major event involving all Member States and stressing the added value the Olympic ideals can bring to education.

The common position makes provision for the setting up of a committee to assist the Commission in the management of the European Year of Education through Sport. This amendment means that, for the sake of consistency, the same procedures will be adopted for the European Year of Education through Sport as for the European Year of Languages and the European Year of the Disabled.

The other amendments, which serve merely to make the text more comprehensible and readable, retain the main features and respect the spirit of the Commission's initial proposal.

4- CONCLUSIONS

The common position shows a high degree of convergence with the positions of both the European Parliament and the Commission. It accepts a large proportion of the European Parliament's amendments, which were accepted by the Commission in its amended proposal. The Commission therefore approves the common position, which was agreed unanimously, with Portugal abstaining.

The Commission would therefore like the decision-making process to move forward rapidly so that all the administrative procedures needed to make the European Year of Education through Sport a success can be launched in good time.