Explanatory Memorandum to COM(2007)503 - Pursuant to the second subparagraph of Article 251(2) of the EC Treaty concerning the common position adopted by the Council with a view to the adoption of the Decision of the European Parliament and the Council establishing for the period 2007-2013 the specific programme “Drugs prevention and information” as part of the General programme “Fundamental Rights and Justice” for 2007-2013

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52007PC0503

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 adopted by the Council with a view to the adoption of the Decision of the European Parliament and the Council establishing for the period 2007-2013 the specific programme “Drugs prevention and information” as part of the General programme “Fundamental Rights and Justice” for 2007-2013 /* COM/2007/0503 final - COD 2005/0037B */


[afbeelding - zie origineel document] COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 31.8.2007

COM(2007) 503 final

2005/0037B (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 adopted by the Council with a view to the adoption of the Decision of the European Parliament and the Council establishing for the period 2007-2013 the specific programme “Drugs prevention and information” as part of the General programme “Fundamental Rights and Justice” for 2007-2013

2005/0037B (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 adopted by the Council with a view to the adoption of the Decision of the European Parliament and the Council establishing for the period 2007-2013 the specific programme “Drugs prevention and information” as part of the General programme “Fundamental Rights and Justice” for 2007-2013

1. BACKGROUND

Date of transmission of the proposal to the EP and the Council (document COM([2006])[230] final – [2005]/[037B]COD): 24 May 2006: (proposal amended after splitting the "Fight against violence (Daphne III)” and “Drugs prevention and information” programmes)

Date of the opinion of the European Economic and Social Committee: 19 January

Date of the opinion of the European Parliament, first reading: 14 December

Date of adoption of the common position: 23 July

2. PURPOSE OF THE COMMISSION PROPOSAL

Drugs prevention and information is a funding programme with the following objectives:

a) to prevent and reduce drug use, dependence and drug-related harms;

b) to contribute to improving information on drug use;

c) to support implementation of the European strategy on drugs.

3. COMMENTS ON THE COMMON POSITION

The Council common position preserves the essence of the original Commission proposal and takes the European Parliament’s main amendments at first reading into account.

The differences of substance between the common position and the original Commission proposal are as follows:

- The 'Daphne III' and 'Drugs prevention and information' programmes are separated. This splitting was proposed by the Commission itself in its amended proposal of 26 May 2006.

- Article 3(a): addition of a specific objective that broadens the scope of the programme by providing that it can support measures intended to prevent drug consumption, in particular by reducing drug-related harm and making use of methods of treatment based on latest scientific knowledge.

- Article 3(c) the involvement of the European Parliament in the process of evaluating the Drugs Action Plans is emphasised.

- Article 4(b): a proposal for a specific project will be eligible for financing if it involves at least two Member States or one Member State and one acceding or applicant state (instead of three Member States, as originally proposed by the Commission).

- Article 6: women and parents are listed among the target groups of the programme.

- Article 9: when the annual work programme is adopted, the expert technical opinion of EMCDDA will be taken into account.

- Article 10: comitology: the double committee principle is introduced (management committee for the adoption of the annual work programme and advisory committee for other questions, whereas the original Commission proposal provided only for an advisory committee).

The Council common position is based on a compromise between the European Parliament, the Council and the Commission. The compromise concerns the text as a whole, including the question of comitology. The Council common position takes over the solution negotiated by the three institutions in connection with the 'Civil Justice' programme (COD/2005/0040), namely the inclusion of a recital concerning notification of the implementing measures to the European Parliament and a Commission declaration on the matter.

4. CONCLUSIONS

The Commission accepts the common position, which incorporates the main elements of its original proposal and the main amendments adopted by the European Parliament.