source: http://europa.eu.int/eur-lex/en/
Council Decision
of 3 December 2001
on the European Year of People with Disabilities 2003
(2001/903/EC)
THE COUNCIL OF THE EUROPEAN UNION,
Having regard to the Treaty establishing the European Community, and
in particular Article 13 thereof,
Having regard to the proposal from the Commission(1),
Having regard to the opinion of the European Parliament(2),
Having regard to the opinion of the Economic and Social Committee(3),
Having regard to the opinion of the Committee of the Regions(4),
Whereas:
(1) The promotion of a high level of employment and of social protection,
and the raising of the standard of living and quality of life of the
population of the Member States, are objectives of the European Community.
(2) The Community Charter of the Fundamental Social Rights of Workers
recognises the need to take appropriate action for the social and economic
integration of disabled people.
(3) The Resolution of the Council and the Ministers for Education,
meeting within the Council, of 31 May 1990 concerning integration of
children and young people with disabilities into ordinary systems of
education stresses that "the Member States have agreed to intensify,
where necessary, their efforts to integrate or encourage integration
of pupils and students with disabilities, in all appropriate cases,
into the ordinary education system".
(4) The Resolution of the Council and of the Representatives of
the Governments of the Member States meeting within the Council of 20
December 1996 on equality of opportunity for people with disabilities(5),
and the Council Resolution of 17 June 1999 on equal employment opportunities
for people with disabilities(6), reaffirm the basic human rights
of disabled people to equal access to social and economic opportunities.
(5) The conclusions of the Lisbon European Council of 23 and 24
March 2000 call upon Member States to take greater account of social
exclusion in their employment, education and training, health and housing
policies and to define priority actions for specific target groups,
such as people with disabilities.
(6) The European social agenda approved by the Nice European Council
meeting on 7, 8 and 9 December 2000(7) states that the European
Union will develop, in particular during the European Year of People
with Disabilities (2003), "all action intended to bring about
the fuller integration of disabled people in all areas of life".
(7) The year 2003 will mark the 10th anniversary of the adoption
by the UN General Assembly of the Standard Rules on the Equalisation
of Opportunities for Persons with Disabilities, which have enabled considerable
progress to be made in an approach to disability in accordance with
human rights principles.
(8) This Decision respects fundamental rights and observes the
principles recognised in particular by the Charter of Fundamental Rights
of the European Union(8). In particular, this Decision seeks to
promote application of the principles of non-discrimination and integration
of people with disabilities.
(9) The European Parliament, the Economic and Social Committee
and the Committee of the Regions have all urged the Community to strengthen
its contribution to efforts in Member States to promote equal opportunities
for people with disabilities, with a view to their integration into
society.
(10) On 10 May 2000 the Commission adopted a communication entitled
"Towards a barrier-free Europe for people with disabilities",
in which it commits itself to developing and supporting a comprehensive
and integrated strategy to tackle social, architectural and design barriers
that unnecessarily restrict access for people with disabilities to social
and economic opportunities. The Parliament has unanimously adopted a
similar resolution.
(11) The general framework in favour of equal treatment in employment
and occupation provided for by Directive 2000/78/EC(9) and the
Community action programme to combat discrimination in order to support
and supplement legislative measures at Community and Member State level
set up by Decision 2000/750/EC(10) aim at changing practices and
attitudes by mobilising the players involved and fostering the exchange
of information and good practice.
(12) Since exclusion from the labour market of people with disabilities
is inextricably linked to problems of attitude and a lack of information
about disability, it is necessary to increase society's understanding
of the rights, needs and potential of disabled persons, and a joint
effort by all the different partners is required to develop and promote
a flow of information and an exchange of good practice.
(13) Raising awareness relies primarily on effective action at
Member State level which should be supplemented by concerted efforts
at Community level. The European Year could act as a catalyst in raising
awareness and in building momentum.
(14) Consistency and complementarity with other Community action
is needed, in particular with action to combat discrimination and social
exclusion, and to promote human rights, education, training and gender
equality.
(15) The joint statement of 20 July 2000 provides for the budget
authority to deliver an opinion on whether the new proposals with budgetary
implications are compatible with the financial framework, without any
reduction in existing policies.
(16) The Agreement on the European Economic Area (EEA Agreement)
provides for closer cooperation in the social field between the European
Community and its Member States, on the one hand, and the countries
of the European Free Trade Association participating in the European
Economic Area (EFTA/EEA), on the other. Provision should be made
for participation, on the one hand, by the candidate countries of central
and eastern Europe, in accordance with the conditions established in
the Europe Agreements, in their additional protocols and in the decisions
of the respective Association Councils, on the other hand, by Cyprus,
Malta and Turkey, funded by additional appropriations in accordance
with the procedures to be agreed with those countries.
(17) A financial reference amount within the meaning of paragraph
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(11) is included in this
Decision without thereby affecting the powers of the budgetary authority
as they are defined by the Treaty.
(18) Since the objectives of the proposed action aimed at generating
at European level awareness of the rights of people with disabilities,
cannot be adequately achieved by the Member States on account, inter
alia, of the need for multilateral partnerships, the transnational exchange
of information and the Community-wide dissemination of good practice,
and can therefore be better achieved at Community level, the Community
may adopt measures, in accordance with the principle of subsidiarity
as set out in Article 5 of the Treaty. In accordance with the principle
of proportionality, as set out in that Article, this Decision does not
go beyond what is necessary to achieve those objectives.
(19) 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(12),
HAS DECIDED AS FOLLOWS:
Article 1
Establishment of the European Year of People with Disabilities
The year 2003 shall be designated as the "European Year of People
with Disabilities".
Article 2
Objectives
The objectives of the European Year of People with Disabilities shall
be:
(a) to raise awareness of the rights of people with disabilities
to protection against discrimination and to full and equal enjoyment
of their rights;
(b) to encourage reflection on and discussion of the measures needed
to promote equal opportunities for people with disabilities in Europe;
(c) to promote the exchange of experience of good practice and
effective strategies devised at local, national and European level;
(d) to reinforce the cooperation between all parties concerned,
namely government, the social partners, NGOs, the social services, the
private sector, communities, voluntary sector groups, people with disabilities
and their families;
(e) to improve communication regarding disability and promote a
positive image of people with disabilities;
(f) to raise awareness of the heterogeneity of people with disabilities
and of the various kinds of disability;
(g) to raise awareness of the multiple discrimination facing people
with disabilities;
(h) to pay special attention to awareness of the right of children
and young people with disabilities to equality in education, so as to
encourage and support their full integration in society and to promote
the development of European cooperation between those professionally
involved in the education of children and young people with disabilities,
in order to improve the integration of pupils and students with special
needs in ordinary or specialised establishments and in national and
European exchange programmes.
Article 3
Content of measures
1. The measures designed to meet the objectives set out in Article 2
may entail the development or the provision of support to:
(a) meetings and events;
(b) information and promotional campaigns throughout the Member
States;
(c) cooperation with broadcasting and media organisations;
(d) surveys and studies on a Community-wide scale;
2. Details of the measures referred to in paragraph 1 are set out in
the Annex.
Article 4
Implementation at Community level
The Commission shall ensure the implementation of the Community actions
covered by this Decision in conformity with the Annex.
It shall conduct a regular exchange of views with representatives of
people with disabilities at Community level on the design, implementation
and follow-up of the European Year of People with Disabilities. To that
end, the Commission shall make the relevant information available to
these representatives. The Commission shall inform the Committee established
under Article 6(1) of their opinion.
Article 5
Cooperation and implementation at national level
1. Each Member State shall be responsible for the coordination and implementation
at national level of the measures provided for in this Decision, including
the selection of projects under Part B of the Annex.
To this end, each Member State shall establish or designate a national
coordinating body or an equivalent body to organise the participation
of the Member State in the European Year of People with Disabilities.
This body shall ensure that it is representative of a range of organisations
representing people with disabilities and other relevant stakeholders.
2. The measures required to determine global grants to be allocated
to the Member States to support actions at national, regional and local
level shall be adopted in accordance with the procedure referred to
in Article 6(2). Global grants shall be awarded only to public-law
bodies or bodies which have a public-service mission guaranteed by the
Member States.
3. The procedure for the use of global grants shall be subject to an
agreement between the Commission and the Member State concerned.
The procedure shall detail in particular, in compliance with the Financial
Regulation of 21 December 1977 applicable to the general budget of the
European Communities(13):
(a) the measures to be implemented;
(b) the criteria for choosing beneficiaries;
(c) the conditions and rates of assistance;
(d) the arrangements for monitoring, evaluating and ensuring the
financial control of the global grant.
Article 6
Committee
1. The Commission shall be assisted by a Committee, (hereinafter referred
to as "the Committee").
2. Where reference is made to this paragraph, Articles 3 and 7 of Decision
1999/468/EC shall apply.
3. The Committee shall adopt its rules of procedure.
Article 7
Financial arrangements
1. Measures which are Community-wide in nature, as described in Part
A of the Annex, may be subsidised up to 80 % or give rise to procurement
contracts financed from the general budget of the European Communities.
2. Measures which are local, regional or national, possibly with a transnational
dimension, as described in Part B of the Annex, may be co-financed from
the general budget of the European Communities up to a maximum of 50
% of the total cost.
Article 8
Application and selection procedure
1. Decisions on the financing and co-financing of measures under Article
7(1) shall be adopted in accordance with the advisory procedure
referred to in Article 6(2). The Commission shall ensure a balanced
distribution among the different fields of activity involved.
2. Requests for financial assistance for measures under Article 7(2)
shall be submitted to the Member States. On the basis of the opinion
expressed by the national coordinating bodies, Member States shall select
beneficiaries and allocate financial assistance to the applicants selected
in accordance with Article 5(3).
Article 9
Consistency and complementarity
The Commission, in cooperation with the Member States, shall ensure
consistency between the measures provided for in this Decision and other
Community actions and initiatives.
The Commission shall also ensure that appropriate efforts are made to
enable people with disabilities to participate equally in Community
programmes and initiatives.
It shall also ensure optimal complementarity between the European Year
of People with Disabilities and other existing Community, national and
regional initiatives and resources, where these can contribute to fulfilling
the objectives of the European Year of People with Disabilities.
Article 10
Participation by the EFTA/EEA countries, the associated countries of
central and eastern Europe, Cyprus, Malta and Turkey
The European Year of People with Disabilities shall be open to participation
by the following countries:
(a) EFTA/EEA countries in accordance with the conditions established
in the EEA Agreement;
(b) the candidate countries of central and eastern Europe (CCEE)
in accordance with the conditions established in the Europe Agreements,
in their additional protocols and in the decisions of the respective
Association Councils;
(c) Cyprus, Malta and Turkey, their participation being funded
by additional appropriations in accordance with procedures to be agreed
with those countries.
Article 11
Budget
1. The financial reference amount for the implementation of this Decision
is hereby set at EUR 12 million.
2. The annual appropriations shall be authorised by the budgetary authority
within the limits of the financial perspective.
3. Actions aimed at preparing the launching of the European Year of
People with Disabilities may be financed as from 1 January 2002.
Article 12
International cooperation
Within the framework of this Decision, the Commission may cooperate
with relevant international organisations.
Article 13
Monitoring and evaluation
The Commission shall submit, by 31 December 2004 at the latest, a report
to the European Parliament, the Council, the Economic and Social Committee
and the Committee of the Regions on the implementation, results and
overall assessment of the measures provided for in this Decision, including
an assessment of the long-term effects of the measures. The Commission
shall ensure that the report is drawn up in formats accessible to people
with disabilities.
Article 14
Entry into force
This Decision shall be published in the Official Journal of the European
Communities.
It shall take effect on the day of its publication.
Done at Brussels, 3 December 2001.
For the Council
The President
F. Vandenbroucke
(1) OJ C 240 E, 28.8.2001, p. 160.
(2) Opinion delivered on 15 November 2001 (not yet published in
the Official Journal).
(3) Opinion delivered on 17 October 2001 (not yet published in
the Official Journal).
(4) Opinion delivered on 15 November 2001 (not yet published in
the Official Journal).
(5) OJ C 12, 13.1.1997, p. 1.
(6) OJ C 186, 2.7.1999, p. 3.
(7) OJ C 157, 30.5.2001, p. 4.
(8) OJ C 364, 18.12.2000, p. 1.
(9) OJ L 303, 2.12.2000, p. 16.
(10) OJ L 303, 2.12.2000, p. 23.
(11) OJ C 172, 18.6.1999, p. 1.
(12) OJ L 184, 17.7.1999, p. 23.
(13) OJ L 356, 31.12.1977, p. 1. Regulation as last amended by
Regulation (EC) No 762/2001 (OJ L 111, 20.4.2001, p. 1).
ANNEX
NATURE OF THE MEASURES REFERRED TO IN ARTICLE 3
A. Community-wide actions
1. Meetings and events:
(a) organisation of meetings at Community level;
(b) organisation of events to raise awareness of the rights of
people with disabilities, including the conferences to open and close
the European Year of People with Disabilities.
2. Information and promotional campaigns involving:
(a) the development of a logo and of slogans for the European Year
of People with Disabilities, for use in connection with any activity
linked thereto;
(b) an information campaign on a Community-wide scale;
(c) the production of tools and aids accessible to people with
disabilities throughout the Community;
(d) appropriate initiatives by European disability NGOs aimed at
disseminating information on the European Year tailored to the needs
of people with specific or multiple disabilities in particular and/or
of people with disabilities facing multiple discrimination;
(e) the organisation of European competitions highlighting achievements
and experiences on the themes of the European Year of People with Disabilities.
The Commission shall ensure that organisations for people with disabilities
are involved in the preparation of messages and images developed during
the information campaign.
3. Other actions:
Cooperation with broadcasting and media organisations as partners for
spreading information about the European Year of People with Disabilities
for using new tools allowing easier access to this information (such
as subtitling for the hearing impaired and image description for the
visually impaired), and to other programmes as far as possible
and for improving communication about people with disabilities.
Surveys and studies on a Community-wide scale, including a series of
questions intended to assess the impact of the European Year of People
with Disabilities, to be included in a Eurobarometer survey and an evaluation
report on the effectiveness and impact of the said Year. This study
must also evaluate the efforts made to integrate these persons into
the Community, in particular through programmes promoting an autonomous
way of life.
4. This funding may be in the form of:
- the direct purchase of goods and services, in particular in the field
of communication, via open and/or restricted calls for tenders,
- the direct purchase of consultancy services, via open and/or restricted
calls for tenders,
- subsidies allocated to cover the expenses of special events organised
at European level to highlight and raise awareness of the European Year
of People with Disabilities; such funding shall not exceed 80 %.
B. Actions at national level
Action at local, regional, national or transnational level may qualify
for financing from the Community budget up to a maximum of 50 % of the
cost, depending on the nature and content of what is proposed. These
may include:
1. events connected with the objectives of the European Year of People
with Disabilities, including an event to launch the said Year;
2. information campaigns and measures to disseminate examples of good
practice, other than those described in Part A(2) of this Annex;
3. the organisation of awards or competitions;
4. surveys and studies other than those mentioned in Part A(3).
C. Action for which no financial aid from the Community budget is available
The Community will offer its moral support, including written authorisation
to use the logo and other material associated with the European Year
of People with Disabilities, for initiatives undertaken by public or
private organisations, where those organisations can demonstrate to
the satisfaction of the Commission that the initiatives involved are
or will be in progress during the year 2003 and are likely to contribute
significantly to achieving one or more of the objectives of the said
Year.
For implementation of this Decision, the Commission may, for the mutual
benefit of the Commission and of the beneficiaries, have recourse to
technical and/or administrative assistance as regards the identification,
preparation, management, monitoring, audit and control of the measures
set out in Article 3.
The Commission may also carry out studies, organise meetings of experts,
conduct information campaigns and launch publications directly related
to the objective of this Decision.
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