eurovoc_concepts:
financial solvency
indemnification
investment
investment company
single market

text: i COMfvliSSiON Ur i Ht t U K O P t AN UOMMUNli IfcS *. ^ w ^. ft** Brussels, 08. 05. 1996 COM(96) 169 final - COD 47 OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE proposal for a ON INVESTOR COMPENSATION SCHEMES OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DIRECTIVE ON INVESTOR COMPENSATION SCHEMES 1. STAGE REACHED IN THE PROCEDURE a) On 22 September 1993 the Commission adopted a proposal for a Council Directive on investor compensation schemes1. This proposal was forwarded to the Council on 22 October 1993. The Council forwarded this text to Parliament and to the Economic and Social Committee and on 14 January 1994 began its own examination of the proposal. b) The Economic and Social Committee unanimously adopted an opinion on the Commission proposal at its 312th Plenary Session on 26 January 19942. c) The European Parliament adopted the legislative resolution embodying the opinion of Parliament on the Commission proposal at its sitting on 19 April 19943. d) The European Monetary Institute delivered an opinion on this proposal on 28 July 1995. c) On 13 December 1994 the Commission adopted an amended proposal4 in the light of its consultation of Parliament and of the Economic and Social Committee. 0 On 23 October 1995 the Council adopted the common position which is the subject of this communication. g) In the plenary session of 14 December 1995 the President of the Parliament acknowledged receipt of the common position. 1 COM(93)381 final, OJ N" C 321, 27. 1 1. 1993, p. 15 2 O J N °C 127, 7. 5. 1994, p. I 3 OJN° 128, 9. 5. 1994, p. 80 1 COM(94) 585 final, OJ N"C 382, 31. 12. 1994, p. 27 2 h) On 12 March 1996 the European Parliament adopted unanimously eight amendments to the common position5. In accordance with the procedure described in Article 189 b (2) of the Treaty, the Commission has to deliver an opinion on these amendments. 2. POSITION TAKEN BY THE COMMISSION REPRESENTATIVE AT THE PLENARY SITTING The Commission representative rejected all the eight amendments. 3. COMMISSION OPINION ON THE AMENDMENTS VOTED BY THE EUROPEAN PARLIAMENT a) Purpose of the amendments Amendment N° 1 (Recital N° 16) Its aim is to eliminate the "export-ban" clause. Amendment N° 2 (Article 2. 2,1st indent) Its aim is twofold. On the one hand, the rapporteur considers that schemes should compensate investors not only when the investment firm is in financial difficulties, but in all circumstances On the other hand, the rapporteur considers that the schemes should have the same power as the competent authorities to determine when investors must be compensated. Amendment N° 3 (Article 2. 2, 2nd indent) Its aim and scope is similar to that of amendment N° 2. The only difference is thai the reference is to a judicial authority rather than to competent authorities. Amendment N° 4 (Article 2. 4) It seeks to ensure that the value, to be stipulated by the scheme, of the securities belonging to investors will be their market value. Amendment N° 5 (Article 5. 2) The twelve months' notice to exclude a firm from a scheme is considered too long, it is considered more appropriate to have immediate exclusion. cxt not yet published in the Official Journal Amendment N° 6 (Article 7. 1, 2nd subparagraph) The same objective as amendment N° 1. Amendment N° 7 (Article 7. 2, 2nd paragraph) The same as amendment N" S but applying to the case of branches which have become members of a scheme of a host Member State in order to top-up their coverage. Amendment N° S (Article 9. 2) Its aim is to start counting the three months' period to compensate investors from the date the investment firm has been considered unable to meet its obligations (if the eligibility and the amount of the claim have been established). b) Need for consistency with the Deposit Guarantee Schemes Directive (DGSD^ The text of the common position is very similar to that of the DGSD. The Commission initial proposal differs in several aspects from the final text of the DGSD because when it was adopted (22. 9. 93) the DGSD was still under negotiation. The DGSD was adopted on 30. 5. 94 by co-decision (after passing through the conciliation committee). This means that the DGSD reflects both Council and Parliament's opinion on compensation schemes. The need for consistency between the proposal and the DGSD has been stressed not only by the Council and the Commission. It has also been requested by the Parliament6, by the ECOSOC7, and by Industry representatives (the Banking Federation of the EU). The need for legislative coherence between the proposal and the DGSD is particularly evident in the case of credit institutions because Article 2. 3 of the common position allows them to belong to just one scheme to comply with both directives. Lack of consistency may produce undesirable distortions. c) Commission position For the Commission, the concern for consistency with the DGSD is an important argument, in addition to those developed below, to reject amendments N° 1, 2, 3, 5, 6 and 7. 6 Section B-2. Report A3-0209/94. First Reading. I'oint 3. 3 of the ECOSOC opinion (CES 98. 94) Amendments N° 1 and 6 (not acceptable) The text in the common position is equivalent to that in Recital N° 14 and in Article 4. 1 of the DGSD. The elimination of the export-ban clause, whereby branches in host Member States will not be allowed to otïer a higher protection than that offered by domestic scheme(s), would in principle increase the competition between, and presumably the efficiency of, the investment firms. This is in line with the philosophy underlying the single market. However, it may also produce unwanted volatility and instability in the financial markets. To strike a balance between a higher degree of competition and a higher degree of volatility is not easy "a priori". That is why it seems advisable to establish a short transitory period (in this case until 31. 12. 99) to watch developments closely. Amendments N° 2 and 3 (not acceptable) The text in the Common Position is equivalent to that in Articles I. 3. i and 1. 3. ii of the DGSD. Parliament proposes to go back to Article 2. 2 of the initial Commission proposal. On the one hand, during the discussions in the Council with the Member States it became clear that only investment firms in financial difficulties should trigger the intervention of the scheme because if the investment firm is still financially sound it would be up to it to repair the damage caused to investors. Therefore the wording in the common position would cover, in practice, all common causes (fraud, etc. ) for compensation. On the other hand, it seems more prudent to leave it up to the competent authorities (or judicial authorities) alone to decide when the scheme should intervene. This, in addition, will eliminate the risk of having disputes in case both the authorities and the scheme were allowed to make such a decision. Amendment N° 4 (not acceptable) Parliament proposes to go back to the concept of "market" value inserted in Article 2. 4 of the initial proposal. In the DGSD there is nothing equivalent because securities are not covered there. The concept of market value seems in principle attractive, and useful in some specific cases, but often in practice it may be very difficult to apply. In some cases there are several markets for the same instrument. In others, when securities are highly illiquid, the market value is unavailable. Frequently, there is no organised market for the relevant security. In the case of some derivatives (futures and options) the contracts may have already expired. Given these difficulties, with the use of market value as a general rule, it seems more advisable to give Member States some leeway to devise the precise methods to calculate the most appropriate value in each situation. Amendments N° 5 and 7 (not acceptable) The text in the common position is equivalent to that in Articles 3. 3 and 4. 4 of the DGSD. Parliament proposes to go back to Article 5 of the initial Commission proposal. In the case of amendment N° 5, the immediate exclusion of an investment firm from a scheme will not be to the benefit of the current investors because it will entail the immediate removal of the authorization (the European passport) of the investment firm and therefore it will have to cease immediately its operations. In the case of amendment N° 7, it does not produce the removal of the authorization but it will deprive investors of an extra coverage ("top-up") in case they had to be compensated. Amendment N° 8 (not acceptable) Parliament proposes to go back to the text in Article 10 of the initial Commission proposal. The text in Article 10 of the DGSD is not directly applicable here because "investment" in relation to "deposit" is a less standardised and more sophisticated activity. The text proposed by Parliament does not carry, in practice, any real additional protection to investors because the compensation is still conditional on the fact that the "eligibility and the amount of the claim have been established" and experience shows that in the case of securities it takes a long time (sometimes years) to determine the precise liabilities. EUROPEAN PARLIAMENT 5 March 1996 A4-0047/1 AMENDMENT 1 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 1 j Recital 16 Deleted than those 16. Whereas market disturbances could be caused bv branches of investment firms established in Member States other than their Member States of origin which offer levels of cover offered bv higher investment firms authorized in their host Member States; whereas it not appropriate that the level or scope of cover offered by compensation schemes should become an instrument of competition; whereas it is therefore necessary, at least during an initial period, to stipulate that neither the level nor the scope of cover offered by a home Member State's scheme to investors at branches located in another Member State should exceed the maximum level or scope offered bv the corresponding scheme in the host Member State; whereas any market disturbances should be reviewed after a number of years, on the basis of the experience acquired and in the light of developments in the financial sector; f PE 197. 378/1 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/2 AMENDMENT 2 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 2) Article 2(2), 1st subparagraph, 1st indent the competent authorities have determined that in their view an investment firm appears, for the time being, for reasons directly financial related circumstances, to be unable to meet its obligations arising out of investors' claims and has no early prospect of being able to do so, or its to the competent authorities or investor-compensation scheme have determined that in their view an investment firm appears, for the time being, to be unable to meet its obligations arising out of investors' claims and has no early prospect of being able to do so, or PE 197. 378/2 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/3 AMENDMENT 3 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 3) Article 2(2), 1st subparagraph, 2nd indent a judicial authority has made a ruling, for reasons directly related to an investment firm's financial circumstances. which has the effect of suspending investors' ability to make claims against it, a judicial authority or investor- compensation scheme has made a ruling which has the effect of suspending investors' ability to make claims against it, r tm~ 378/3 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/4 AMENDMENT 4 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 4) Article 2(4) 4. The amount of an investor's claim shall be calculated in accordance with the legal and contractual conditions, in particular those concerning set off and counter claims, that are applicable to the assessment, on the date of the determination or ruling referred to in paragraph 2, of the amount of the money or the value of the instruments belonging to the investor which the investment firm is unable to pay or return. 4. The amount of an investor's claim shall be calculated in accordance with the legal and contractual conditions, in particular those concerning set off and counter claims, that are applicable to the assessment, on the date of the determination or ruling referred to in paragraph 2, of the amount of the money or the market value of the instruments belonging to the investor which the investment firm is unable to pay or return. 4 PE 197. 378/4 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/5 AMENDMENT 5 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 5) Article 5(2) 2. If those measures fail to secure compliance on the part of the investment firm, the scheme may, where national law permits the exclusion of a member, with the express consent of the competent authorities exclude the investment firm from membership of the scheme. The coverage of money or instruments belonging to investors and held by the investment firm or branch thereof at the date of exclusion shall be maintained for twelve months from the date of exclusion. 2. If those measures fail to secure compliance on the part of the investment firm, the scheme may, where national law permits the exclusion of a member, with the express consent of the competent authorities, give not less than twelve months notice of its intention of excluding the investment firm from membership of the scheme. The scheme shall continue to provide cover under the second subparagraph of Article 2(2) in respect of investment business transacted during that period. If, on expiry of the period of notice, the investment firm has not its obligations. the compensation scheme mav. again having obtained the express consent of the competent authorities, proceed to exclusion. met 41 PE 197. 378/5 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/6 AMENDMENT 6 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 6) Article 7(1), 2nd subparagraph Deleted Until 31 December 1999. neither the level nor the scope, including the percentage, of the cover provided for may exceed the maximum level or scope of the cover offered by the corresponding compensation scheme within the territory of the host Member State. Before that date the Commission shall draw up a report on the basis of the experience acquired in applying this subparagraph and shall consider the need to continue those provisions. If appropriate, the Commission shall submit a proposal for a Directive to the European Parliament and the Council, with a view to the extension of their validity. •\i PE 197. 378/6 Or. en EUROPEAN PARLIAMENT 5 March 1996 A4-0047/7 AMENDMENT 7 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) Common position of the Council Amendment (Amendment 7) Article 7(2), 2nd paragraph If those measures fail to ensure that the branch meets the obligations referred to in this Article, after an appropriate period of notice of not less than 12 months the compensation scheme may, with the consent of the competent authorities which issued the the authorization, branch. business transacted before the date of exclusion shall continue to be covered after that date by the compensation scheme of which the branch was a voluntary member. Investors shall be informed of the withdrawal of the supplementary cover and of the date on which it takes effect. Investment exclude If those measures fail to ensure that the branch meets the obligations referred to in this Article, the compensation scheme may, with the consent of the competent authorities which issued the authorization, exclude the branch. Investment business transacted before the date of exclusion shall continue to be covered after that date by the compensation scheme of which the oranch was a voluntary member. Investors shall be informed of the withdrawal of the supplementary cover and of the date on which it takes effect. ft PE 197. 378/7 Or. en EUROPEAN PARLIAMENT 5 M a r ch 1 9 96 A 4 - 0 0 4 7 /8 AMENDMENT 8 tabled by the Committee on Legal Affairs and Citizens' Rights RECOMMENDATION FOR SECOND READING Rapporteur: Mr Janssen Van Raay (A4-0047/96) INVESTOR-COMPENSATION SCHEMES Common position of the Council (C4-0523/95 - 00/0471(COD)) • Common position of the Council Amendment (Amendment 8) Article 9(2), 1st subparagraph 2. The scheme shall be in a position to pay an investor's claim within three» months of the establishment of the eligibility and the amount of the claim. 2. The scheme shall be in a position to pay an investor's claim within three months of the date of the determination or ruling referred to in Article 2(2) if the eligibility and the amount of the claim have been established. j. PE 197. 378/8 Or. en ISSN 0254-1475 COM(96) 169 final DOCUMENTS v. «. ». 01 10 09 Catalogue number : CB-CO-96-180-EN-C ISBN 92-78-02856-8 Office for Official Publications of the European Communities L-2985 Luxembourg •is


title: OPINION OF THE COMMISSION pursuant to Article 189 b) (2) (d) of the EC Treaty, on the European Parliament' s amendments to the Council' s common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000)

eurovoc_concepts:
action programme
drug addiction
health policy
narcotic
public health

text: * ** I COMMISSION OF THE EUROPEAN COMMUNITIES * ** I Brussels, 08. 05. 1996 COM(%) 201 final 96/0128 (COD) OPINION OF THE COMMISSION pursuant to Article 189 b (2) (d) of the EC Treaty, on the European Parliament's amendments to the Council's common position regarding the proposal for a EUROPEAN PARLIAMENT AND COUNCIL DECISION adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000) AMENDING THE PROPOSAL OF THE COMMISSION pursuant to Article 189 a (2) of the EC Treaty COMMISSION OPINION, delivered in accordance with Article 189b(2)(d) of the EC Treaty, on the European Parliament amendments to the Council common position relating to the proposal for a European Parliament and Council Decision adopting a programme of Community action on the prevention of drug dependence within the framework for action in the field of public health (1996-2000), amending the Commission proposal in accordance with Article 189a(2) of the EC Treaty In its Communication of 24 November 1993 the Commission outlined a framework for future action at Community level towards attaining the health protection objectives laid down by Articles 3(o) and 129 of the Treaty establishing the European Community, following the entry into force of the Treaty on European Union. In initiating action under Article 129 the Community has to address the issue of preventing disease and protecting health. Drug dependence is the only scourge specifically mentioned in Article 129, and the Commission considered that its prevention was a priority for Community action and should be made the subject of a specific programme. This programme is also a key element of the Europoean Union action plan to combat drugs. This first Community action programme for the prevention of drug dependence is designed to support Member States' actions and to step up European cooperation at each stage of the prevention process (boosting awareness of the drugs phenomenon, identifying risk situations, counselling and guidance, medical and social assistance), with a view to preventing drug use, helping users to quit, reducing the mortality rate, reducing the risks arising from drug use and combating marginalisation. The specific activities envisaged are compatible with, and complementary to, other activities proposed within the public health framework. The Commission adopted its Decision on 21 June 1994 and transmitted the proposed Decision to the European Parliament and the Council on 22 August 19941. The Economic and Social Committee2 adopted its opinion on 22 February 1995. The ESC supports the programme and the approach proposed by the Commission in its Communication and its proposal for a Decision. It recommends that adequate resources be spread over a long period and emphasises the need to support the evaluation of ongoing research and existing practices, the promotion of innovative programmes, and exchanges of information and experience. 1 2 OJ No C 257, 14 9. 1994 OJ No C 110, 2. 5. 1995 i- à- V- The Committee of the Regions3 adopted its opinion on 16 November 1994. The Committee supports the Commission proposal. It feels in particular that more resources should be earmarked for education and drug demand reduction and emphasises the importance of activities aimed at young addicts and groups who are difficult to reach, and activities geared towards modifying risk behaviour, rehabilitation, and the informing of regional and local communities. The European Parliament4 adopted its opinion at the first reading on 20 September 1995, proposing 56 amendments to the Commission proposal. These amendments seek to extend and add detail to the proposed decision, in particular by laying stress on: the importance of strategies to reduce the damage caused by drug abuse, as a complement to the strategies aimed at primary prevention; the need for the programme to fit within a strategy of combating social exclusion, and to take account of the social factors linked to drug use; the need for a series of actions in the areas of information, education, training and research, placing the accent on young persons and high-risk groups and listing the specific activities to be developed within the framework of other Community policies. The Commission accepted 21 of the 56 amendments proposed by Parliament, either in full or in part. On 23 November 1995 the Commission adopted an amended proposal taking account of the aforementioned Parliament amendments5. On 20 December 1995 the Council unanimously adopted a common position with a view to adopting the Decision in question. The Commission was unable to accept this common position and entered reservations concerning the following points: Article 3 (Budget): The Council wanted to reduce the overall budget for the five- year programme from MECU 28. 5 to MECU 27. The Commission entered a reservation on this proposed reduction, especially since the common position provided both for more actions and for larger-scale actions than had the Commission's original proposal. Article 5 (Comitology): The Council wanted to introduce a dual, "mixed" procedure as regards the role of the Committee set up to assist the Commission in implementing the programme. This procedure, similar to that set up for the three programmes recently adopted on the basis of Article 129 (Health promotion; O J N O C 2 1 0, 14. 8. 1994 O J N O C 2 6 9, 16. 10. 1995 COM (95) 579 final S AIDS; Cancer), assigns the Committee "administrative" competence in six areas of activity, and "advisory" competence in a number of others. The Commission entered a reservation concerning this approach, affirming its preference for a purely advisory committee, and asked for a statement to this effect to be entered, in anticipation of the second reading by Parliament. - Annex (Actions to be implemented under the programme): The common position takes on board most of the amendments made by the Commission to its initial proposal in response to the Parliament amendments. The amendments not included in the Council's common position chiefly concern: - the attention to be given to utilisation of the other Community policies and programmes (Action b of the Commission proposal); the inventorising of organisations involved in the care of drug addicts (Action d(3) of the Commission proposal); the recitals highlighting the value of a multidisciplinary approach (9b and 15b) and listing the partner organisations for the implementation of the programme (16a). In view of the importance attached by Parliament to these aspects, the Commission entered a reservation concerning their non-inclusion in the Council common position. On 16 April 1996 the European Parliament adopted 23 amendments to the Council common position. The Commission's opinion concerning each of these amendments is given in the Annex. The Commission points out that in accordance with Article 189b(3) of the Treaty if, within three months of receiving the Parliament amendments, the Council, acting by a qualified majority, approves all of the amendments, it shall amend its position accordingly and adopt the act in question; however, the Council shall act unanimously on the amendments on which the Commission has delivered a negative opinion. If the Council does not approve the act in question, the President of the Council, in agreement with the President of the European Parliament, shall forthwith convene a meeting of the Conciliation Committee. £ ANNEX6 Amendment No 3: Commission opinion: partially accepted. The Commission can accept this amendment in part and link it up with the preceding recital, provided the wording concerning the objectives of a multidisciplinary approach is made more general; Amendment No 4: Commission opinion: rejected. The text of the common position already refers to the impact of drug dependence on the health of individuals. Amendment No 5: Commission opinion: rejected. Defining the objectives of drug addiction policy falls outside the scope of this programme. Amendment No 6: Commission opinion: accepted partially. The reference to drug dependence as a sickness which can be prevented and treated confirms the wisdom of tackling this scourge from a public health prospective, as provided for in Article 129. Amendment No 7: Commission opinion: accepted partially. This amendment describes the objective of the programme more precisely, and the Commission accepts it provided that it mentions narcotics and psychotropic substances only (these being illicit drugs) and that, as regards the abuse of alcohol and pharmaceutical products, it takes account of the initiatives implemented in the context of the Community action programme on health promotion. Amendment No 8: Commission opinion: rejected. The recommendation in this amendment lies outside the scope of the programme. It is the responsibility of the national authorities to distinguish, if they so wish, between soft and hard drugs. Amendment No 9: Commission opinion: rejected. The recommendation in this amendment lies outside the scope of this programme. The spirit of this amendment is reflected more specifically in the statement of the programme's objective (amendment 7). Amendment No 10: Commission opinion: accepted partially. The Commission can partially accept this amendment if it is worded in a more general way, identifying the prison environment as one of the priority environments for preventive action. Amendment No 11: Commission opinion: rejected. The numbering of the amendments corresponds to the numbering of the Recommendation for second reading - Doc. A4-93 EP 198. 341, and to the position of the amendments in relation to the text of the common position. 9- The measures envisaged in this amendment lie outside the scope of the programme. Amendment No 12: Commission opinion: accepted. A horizontal question: the amendment corresponds to the texts of the decisions on the three programmes recently adopted on the basis of Article 129 (Cancer; Health promotion; AIDS). Amendment No 13: Commission opinion: rejected. This amendment does not take account of the principle of subsidiarity; it contains a very specific and restrictive reference to certain categories of organisations, which, moreover, are covered by amendment 15. Amendment No 15: Commission opinion: accepted. This amendment adds a non-exhaustive reference to the types of organisation which could participate in the implementation of the programme. Amendment No 17: Commission opinion: accepted partially. A horizontal question: the Commission can accept the first part of the amendment, which corresponds to the texts of the decisions on the three programmes recently adopted on the basis of Article 129. Amendment No 18: Commission opinion: rejected. The EDMC's tasks and operating methods are laid down in the Regulation establishing the EDMC and cannot be modified through this programme. Amendment No 19: Commission opinion: rejected. The Commission has entered general reservations concerning the comitology approach proposed in the common position and cannot accept this amendment since it implies acceptance of the Council's position. Amendment No 21: Commission opinion: rejected. The Commission has entered general reservations concerning the comitology approach proposed in the common position and cannot accept this amendment since it implies acceptance of the Council's position. Additionally, the reference to the informing of the European Parliament was made by means of a declaration when the decisions were taken on the three other programmes recently adopted in the public health framework. Amendment No 23: Commission opinion: rejected. The action envisaged by this amendment falls outside the scope of the programme. Amendment No 24: Commission opinion: rejected. The Commission considers that the areas of activity covered by this amendment are already covered by the Council text. Amendment No 26: Commission opinion: partially accepted. The Commission can accept a reference to the relatives and guardians of drug addicts provided this is worded in general terms, as follows: "measures to assist persons living 2 with them". The financing of projects to provide training or employment for drug addicts falls outside the scope of this programme. Amendment No 27: Commission opinion: accepted partially. The Commission can accept a non-exhaustive mention of the relevant environments for reaching out to young people. The Commission considers that involving young people in the prevention actions is covered by the Council text. Support for programmes to teach young people social skills falls under the scope of the health promotion action programme. Amendment No 28: Commission opinion: accepted partially. The Commission can accept a reference to promoting recourse to the expertise of persons liable to come into contact with groups of potential users. Amendment No 29: Commission opinion: rejected. The action envisaged by this amendment partially overlaps with the provisions relating to the objective and implementation of the programme. Amendment No 31: Commission opinion: accepted partially. This amendment assimilates into the programme's palette of measures the promotion of multidisciplinary cooperation for prevention purposes, which tallies with the approach defined during the discussions on drug demand reduction in the context of the European Union Action Plan to Combat Drugs. ? AMENDED PROPOSAL FOR A EUROPEAN PARLIAMENT AND COUNCIL DECISION ADOPTING A PROGRAMME OF COMMUNITY ACTION ON THE PREVENTION OF DRUG DEPENDENCE WITHIN THE FRAMEWORK FOR ACTION IN THE FIELD OF PUBLIC HEALTH (1996-2000) (presented by the Commission in accordance with Article 189a(2) of the EC Treaty) Lv COUNCIL COMMON POSITION MODIFICATIONS PROPOSED Having regard to the Treaty establishing the European Community, and in particular Article 129 thereof, Having regard to the proposal from the Commission1, Having regard to the Opinion of the Economic and Social Committee2, Having regard to the Opinion of the Committee of the Regions3, Acting in accordance with the procedure laid down in Article 189b of the Treaty4, (1) Whereas drug dependence has grown alarmingly in the Member serious States implications for the health of individuals and the welfare of the general public; and has (1) (2) (3) (4) of OJNoC257, 14. 9. 1994, p. 4. OJNoC 110, 2. 5. 1995, p. 8. OJ No C 210, 14. 8. 1995, p. 88. the European Opinion Parliament of 20 September 1995, Council common position of 20 December 1995 (OJ No C269, 16. 10. 1995, p. 65) and the European Decision of (OJ No C 37, Parliament of 9. 2. 1996, p. 1) (not yet published in the Official Journal). /( (2) Whereas, in creating in 1985 a Committee of Inquiry into the problem of drugs in the Member the European States of the European Community, its Parliament in depth the desire to study factors which trigger drug demand and enable drugs to continue being produced and distributed; demonstrated (3) W h e r e as in i ts this resolutions concerning problem1 European the Parliament formulated a series of in proposals with a view, particular, to Community action on the prevention of drug dependence; (4) Whereas the European Council, at its meeting in Dublin on 25 and 26 June 1990, "stressed the responsibility of each Member State to develop an appropriate drug reduction programme" and "considered that effective action by each Member State, supported by joint action the of Community, should be a main priority over the coming years"; the Twelve demand and (1) OJ No C 172, 2. 7. 1984, p. 130. OJNoC283, 10. 11. 1986, p. 79. OJ No C 47, 27. 2. 1989, p. 51. OJNoC 150, 15. 6. 1992, p. 42. IL (5) Whereas the actions undertaken at Community level on the basis of C o u n c il R e s o l u t i o n s, conclusions and declarations relating to the prevention of drug in particular dependence, and emphasis subsequent placed by the European Council, in Rome on 14 and meeting 15 December 1990, the European Plan to Combat Drugs, have helped the to Member States' efforts; sustain the on to (6) Whereas in to its the Council, Resolution of 2 June 19941, in response the Commission communication of 24 November 1993 on a framework for action in the field of public health, included drug dependence among the priority areas for Community action for which the Commission was invited to bring forward proposals for action; (7) Whereas Regulation established (EEC) No 302/932 a European Monitoring Centre on Drugs and Drug Addiction to provide the Community and the Member States with reliable and i n f o r m a t i on c o m p a r a b le concerning and drug addiction; drugs (1) (2) O J N oC 165, 17. 6. 1994, p. 1. O J N o L 3 6, 12. 2. 1993, p. 1. (J by (8) Whereas the declaration on the occasion of the entry into force of the Treaty on European Union adopted the European Council, meeting in Brussels on 29 October 1993, emphasized the Treaty provides "a that s t r u c t u r ed i n s t i t u t i o n al framework, so that in particular greater control can be achieved over those of society's problems that run across frontiers, such as drugs (. )"; (9) Whereas the problems associated with the drugs phenomenon are such that they require a fully coordinated and global strategy, as the European Council, meeting in Brussels on 10 and 11 December 1993; stated by (10) Whereas drug dependence is the only scourge expressly referred to in the provisions of the Treaty dealing with public health and is for therefore a Community action within the framework for action in the field of public health set out by the Commission; priority (11) Whereas this programme is one of the essential components of the Commission communication to the European Parliament and the Council of 23 June 1994 on a European Union Action Plan to combat drugs (1995-1999), on which the Council commented in its conclusions of 2 June 1995; 9a. (New) Whereas a multidisciplinary approach should in particular ensure that the social and personal the phenomenon are taken into account: implications of 10a. (New) Whereas drug dependence is a sickness which can be prevented and treated: <<< for (12) Whereas, by reason of its scale and effects, Community action to encourage the support prevention of drug dependence will make a better contribution to achieving the desired objectives, which the come within framework of Article 129 of the Treaty, in particular the second of paragraph 1 subparagraph thereof; (13) Whereas cooperation with the international competent organizations and with non-member countries should be strengthened; (14) Whereas clear objectives a multiannual programme should be launched for with Community action, and priority measures should be selected, as well as appropriate mechanisms for the evaluation of such action, with a view to preventing drug dependence and the associated problems; (15) Whereas the programme should have the objective of helping to combat drug dependence by preventing dependence linked to and the use of narcotics and substances psychotropic associated use of other products for the purposes of drug addiction; (16) Whereas is a need to there improve knowledge of the phenomenon of drugs and drug t h e ir d e p e n d e n ce and 15. Whereas the programme should have as its objective to contribute to the enhancement of awareness of the use of narcotics and psychotropic substances and the associated use of other products the purposes of drug for addiction, improve to recognition of risk situations, early detection, counselling and advice, health and social support, with a view to preventing drug use, facilitating the cessation of drug use, lowering the mortality rate, risks of infection by agents of infection and reducing marginalisation: reducing and the rr consequences, and of the ways and means of preventing drug addiction and the associated risks; (17) Whereas there is a need both for general preventive action and for preventive measures focusing on specific groups, target and particularly marginal groups, while avoiding stereotypes of drug users; the young (18) Whereas it is important that the 17a. (New) Whereas the prison environment is one of for the priority preventive action: environments e n s u re C o m m i s s i on implementation this of programme in close cooperation with the Member States; whereas, to that end, provision should be to made ensure that Member States are fully involved in implementing the programme; a procedure for the (19) Whereas a "modus vivendi" b e t w e en E u r o p e an Parliament, the Council and the the Commission implementing measures for acts adopted in accordance with the in laid procedure Article 189b of the Treaty was concluded on 20 December 1994; concerning down (20) Whereas, from an operational point of view, the investment made in previous years should be safeguarded and developed; (21) Whereas, possible however, duplication of effort should be avoided by the promotion of the exchange of experience and by the joint development of basic the information modules health general training education public, and for for for IL members of the health-care professions, which may be targeted on specific groups; (22) Whereas the objectives of this programme and of the actions undertaken to implement it form part of the health protection requirements referred to in the third paragraph of Article 129(1) of the Treaty and as such form a constituent the Community's other policies; part of a impact (23) Whereas, in order to increase the the of value and continuous programme, assessment of the measures undertaken should be carried out, with particular regard to their effectiveness and the achievement of objectives both at national level and Community level, and, where appropriate, the necessary adjustments should be made; (24) Whereas thi s Deci si on 1 ay s down, a constituting for the entire duration of the financial programme, framework the principal point of reference, within the meaning of point 1 of the Declaration of the European Parliament, the Council and Commission of 6 March 1995, for the budgetary authority during the annual budgetary procedure; (25) Whereas this programme should run for five years in order to allow sufficient time for actions to be implemented to achieve the objectives set, HAVE DECIDED AS FOLLOWS: Article 1 Establishment of the programme f+ referred 1. A programme of Community action on the prevention of drug dependence, "the hereinafter programme", shall be adopted for the period 1 January 1996 to 31 December 2000 within the framework for action in the field of public health. as to 2. The objective of the programme shall be to help in combating drug dependence, in particular by encouraging cooperation between the Member States, supporting their action and promoting coordination between their policies and programmes with a view to preventing dependence linked to the use of narcotics and and associated use of other products for the purposes of drug addiction. psychotropic substances 3. The actions to be implemented under the programme specific and objectives are set out in the Annex under the following headings: their A. B. Data, research, evaluation Information, health education and training. Article 2 Implementation The Commission shall ensure the 1. implementation, in close cooperation with the Member States, of the actions set out in the Annex, in accordance with Article 5. The Commission shall cooperate 2. with the institutions and organizations which are active in the field of drug demand reduction. The Commission shall cooperate 2. with the institutions and organizations which are active in the field of drug demand reduction; in particular, it shall encourage the participation implementation of the programme by public non private (NGOs). governmental organisations volunteers and therapy or social welfare communities. bodies, and in a take the measures 3. The Member States are called upon judge to necessary to coordinate and organize the implementation of this programme at national level. they Article 3 Budget (i) 1. The financial framework for the implementation of the programme for the period referred to in Article 1 shall be ECU 27 million. 2. The annual appropriations shall be authorized by the budgetary authority within financial limits of the perspective. the (1) The Commission maintains a reservation this Article. concerning f? Article 4 Consistency and complementarity and that there shall ensure 1. The Commission and the Member States is complementarity consistency between actions to be implemented under this programme and other relevant Community programmes and initiatives, "SOCRATES", including "LEONARDO DA VINCI" and "Youth for Europe (III)" programmes and the research and biomedical health programme under the Community's framework programme for research. the 1. The Commission shall ensure that there is consistency and complementarity between actions to be implemented under this programme and other relevant Community programmes and initiatives, including "SOCRATES", "LEONARDO DA VINCI" and "Youth for Europe (III)" programmes and the health biomedical research and the Community's programme under framework programme for research. the 2. The Commission shall also ensure that the activities implemented take into account the work of the European Monitoring Centre for Drugs and Drug Addiction (EDMC). It shall also ensure, together with the Member States, that the Community's priorities and needs are the taken EDMC's programmes. into due account in 3. The Commission and the Member States shall ensure consistency with the European Union's Action Plan to combat drugs. Article 5 Committee (i) 1. Commission shall be assisted by a Committee consisting of two members designated by each Member State and chaired by the representative of the Commission. (1) The Commission maintains a reservation this Article. concerning 2a representative submit shall the 2. The Commission the Committee a draft of the measures to be taken concerning: of to the Committee's (a) procedure; rules of (b) (c) an annual work programme indicating for action; the priorities including the arrangements, criteria and for selecting and procedures the financing projects under programme, those involving cooperation with international organizations having responsibility in the field of public health and participation of the countries in Article 6(2); referred to (d) the evaluation procedure; (e) (f) a r r a n g e m e n ts t he dissemination and results; for transfer of the the arrangements for cooperating and with organizations in Article 2(2). institutions referred to The Committee shall deliver its opinion on the draft measures referred to above within a time limit which the Chairman may lay down according to the urgency of the matter. The opinion shall be delivered by the majority laid down in Article 148(2) of the Treaty in the case of decisions which is required to adopt on a proposal from the the Commission. representatives of the Member States within the Committee shall be weighted in the manner set out in that Article. The Chairman shall not vote. The votes of the Council The Commission shall adopt measures immediately. apply which shall li However, if these measures are not in accordance with the opinion of the Committee, they shall be communicated by to the Council the Commission forthwith. In that event: - - shall defer the Commission application of the measures which it has decided upon for a period of two months from the date of such communication, the Council, acting by a qualified majority, may take a different decision within the time limit referred to in the first indent. 3. In addition, the Commission may consult the Committee on any other matter concerning the implementation of the programme. The representative of the Commission shall submit to the Committee a draft of the measures The to be Committee shall deliver its opinion on the draft within a time limit which the Chairman may lay down according to the urgency of the matter, if necessary by taking a vote. taken. The opinion shall be recorded in the minutes; in addition, each Member State shall have the right to ask to have its opinion recorded in the minutes. The Commission shall take the utmost account of the opinion delivered by the Committee. the Committee of the manner in which its opinion has been taken into account. inform shall It 4. The Commission representative shall keep the Committee regularly informed about: - programme financial assistance granted under (amounts, this and duration, beneficiaries), breakdown ?z proposals Commission or Community initiatives and the implementation of programmes in other areas which are directly relevant to the achievement of the objectives of the programme, with a view to ensuring the consistency and complementarity referred to in Article 4. Article 6 International cooperation In the course of implementing the with cooperation and with countries organizations having in the field of public and encouraged in accordance with the 1. programme, non-member international responsibility shall health implemented procedure laid down in Article 5. be the Commission shall In particular, cooperate with the Council of Europe's Pompidou Group, with international intergovernmental organizations such as the World Health Organization (WHO), the United Nations Educational, S c i e n t i f ic C u l t u r al a nd the O r g a n i z a t i on ( U N E S C O ), International Labour Organization (ILO) and with the United Nations International Drug Control Programme (UNIDCP). those 2. The programme shall be open to participation by the associated countries of Central and Eastern Europe (ACCEE) in accordance with the conditions laid down in the Additional Protocols to the Association Agreements, to be concluded with concerning countries, participation in Community programmes. The programme to participation by Cyprus and Malta on the basis of additional appropriations in accordance with the same rules as those applied in accordance with procedures to be agreed with those countries. the EFTA countries, shall be open to l> Article 7 Monitoring and evaluation States 1. The Commission, taking into account the reports drawn up by the the Member participation, where necessary, of independent experts, shall ensure that an is made of the actions evaluation undertaken. and with 2. The Commission shall submit to the European Parliament and the Council an interim report halfway through the programme and a final report on completion thereof. The Commission shall incorporate into those reports the results of the evaluations. It shall also send the reports to the Economic and Social Committee and the Committee of the Regions. a CH ANNEX PROGRAMME OF COMMUNITY ACTION ON THE PREVENTION OF DRUG DEPENDENCE A. DATA. RESEARCH. EVALUATION Objective To the improve knowledge of phenomenon of drugs and drug dependence and its consequences and of means and methods of preventing drug dependence and the risks relating thereto, in particular by using the information supplied by the EDMC and the possibilities offered by existing Community programmes and instruments. Actions 1. Help identify the data a n a l y s ed to be c o l l e c t e d, and disseminated for the purposes of the programme, including data on polysubstance dependence. implementation 2. Exploit the data most useful for the the in programme, on p a r t i c u l ar regular of communication of the work of the EDMC. the basis of a 3. Help develop a strategy in particular for research on the prevention of drug dependence, to improve knowledge as regards the impact in the public health sphere of policies targeting drug users and on the effects of drugs and the use of appropriate for preventive purposes. techniques 4. Support studies and pilot projects s o c i o - e c o n o m i c, the on V a nd s o c i o - c u l t u r al factors psycho-sociological associated with drug dependence, including in target groups. the exchange 5. Support studies and actions and promote of experience on ways and means of the risks associated preventing in dependence, with particular for: drug - preventing, in drug-dependent pregnant women, the effects of drugs on the foetus and the risks of transmitting infections to the child, - reducing the risks associated with the injection of drugs, - making an assessment of accompanying health measures, substitution in programmes, particular - evaluating methods and programmes for prevention and risk the management of drug-dependent prisoners. reduction in 6. Encourage the exchange of information and experience on preventing drug addiction relapses, including the rehabilitation of drug users. the of exchange Encourage information and experience on preventing drug addiction relapses, including the rehabilitation of drug users, and on ways of assisting persons living with them: B. I N F O R M A T I O N. H E A L TH EDUCATION AND TRAINING Objective Objective Contribute to improving information, training aimed at education and preventing drug dependence and the information, Contribute to improving at training and education preventing drug dependence and the aimed U associated risks, people young vulnerable groups. in particular for particularly and associated risks, in particular for young people in the relevant environments (for example home, school, university and leisure time) and particularly vulnerable groups. (a) Information and health education Actions 7. Support schemes to evaluate the effectiveness of information and health education campaigns and carry out regular public opinion surveys via Eurobarometer to monitor changes in Europeans' attitudes towards drugs. 8. Organize further European Drug Prevention Weeks on the basis of previous experience. 9. Help identify, test and develop the best information and educational tools and methods target for groups, and in particular: - encourage use of the information tailored to particular environments or circles, taking account of changes in patterns of use and products used, and of t he p h e n o m e n on polysubstance dependence, of - support schemes to adapt to messages the needs and specific features of particularly vulnerable groups, - support the development of telephone help line services and feasibility of consider introducing a single telephone number for such services in all Member States. the Vr 10. Help to define guidelines on the prevention of drug abuse and foster the selection and use of teaching methods and materials, in particular within the context of the European network of health-promoting schools, in order to develop attitudes in young people which will enable them to avoid drugs and drug addiction; support integrated projects, programmes and other drug prevention initiatives in places frequented by children and young people, with the participation wherever possible of parents and those concerned. 10. Help to define guidelines on the prevention of drug abuse and foster the selection and use. of teaching methods and materials, in particular within the context of the European network of health-promoting schools, in order to develop attitudes in young people which will enable them to avoid drugs and drug integrated support addiction; projects, programmes and other drug prevention in places initiatives frequented by children and young the participation people, with wherever possible of parents and those concerned; promote recourse to the expertise of persons liable to come into contact with groups of potential users. 11. Encourage exchanges of experience on initiatives aimed at coordination between all those involved in the provision of education. improving 12. Support schemes for advising teachers, families and those responsible for young people on the early detection of the use of drugs and the action to take. 13. In cooperation with the EDMC and the Council of Europe, if need be, the encourage extension of the European network of "test towns", so as to promote technical cooperation on the ways and means used by these towns to reduce drug demand. 14. Support exchanges of experience, particularly on a cross-border basis, regional concerning local prevention initiatives. Support exchanges U of experience on prevention models and practices involving towns in different Member States which are particularly the problem of affected by drugs. (b) Training and teachers 15. Promote initiatives to improve the drug prevention aspect of vocational training programmes those for responsible for young people and encourage exchanges of students training for the social and health-care professions, including exchanges under other Community programmes. 16. Support the development of further-training programmes, teaching materials and modules for those likely to come into contact with drug users and groups at risk, in including social work, particular health-care, police and other law-enforcement professionals. 16. Support the development of further-training programmes, teaching materials and modules for those likely to come into contact with drug users and groups at risk, including in particular social work, other police health-care, professionals; law-enforcement m u l t i d i s c i p l i n a ry p r o m o te to cooperation with preventing drug dependence. view and a 21-\c ISSN 0254-1475 COM(96) 201 final DOCUMENTS EN 05 Catalogue number : CB-C0-96-213-EN-C ISBN 92-78-03868-7 Office for Official Publications of the European Communities L-2985 Luxembourg 1A