# Official Journal C 51/2007

| | ISSN 1725-2423 |
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| Official Journal
  of the European Union | C 51 |
| | |
| English edition | Information and Notices | Volume 506 March 2007 |

ISSN 1725-2423

Official Journal

of the European Union

C 51

English edition

Information and Notices

Volume 506 March 2007

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| Notice No | Contents | page |
| --- | --- | --- |
| | III   Preparatory Acts |
| | Committee of the Regions |
| | 66th plenary session held on 11 and 12 October 2006 |
| 2007/C 051/01 | Opinion of the Committee of the Regions on the Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund | 1 |
| 2007/C 051/02 | Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC 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 |
| 2007/C 051/03 | Opinion of the Committee of the Regions on the 2005 Enlargement package 2005/ELARG/001 and on the Communication from the Commission: The Western Balkans on the road to the EU: consolidating stability and raising prosperity | 16 |
| 2007/C 051/04 | Opinion of the Committee of the Regions on the Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy and on the Communication from the Commission — Biomass Action Plan and on the Communication from the Commission — An EU Strategy for Biofuels | 23 |
| 2007/C 051/05 | Opinion of the Committee of the Regions on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Public-Private Partnerships and Community Law on Public Procurement and Concessions | 27 |
| 2007/C 051/06 | Opinion of the Committee of the Regions on the Establishment of European territorial pacts: proposal for a revision of the tripartite contracts and agreements | 31 |
| 2007/C 051/07 | Opinion of the Committee of the Regions on The situation of unaccompanied minors in the migration process — the role and suggestions of regional and local authorities | 35 |

Notice No

Contents

page

III   Preparatory Acts

Committee of the Regions

66th plenary session held on 11 and 12 October 2006

2007/C 051/01

Opinion of the Committee of the Regions on the Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund

1

2007/C 051/02

Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC 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

2007/C 051/03

Opinion of the Committee of the Regions on the 2005 Enlargement package 2005/ELARG/001 and on the Communication from the Commission: The Western Balkans on the road to the EU: consolidating stability and raising prosperity

16

2007/C 051/04

Opinion of the Committee of the Regions on the Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy and on the Communication from the Commission — Biomass Action Plan and on the Communication from the Commission — An EU Strategy for Biofuels

23

2007/C 051/05

Opinion of the Committee of the Regions on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Public-Private Partnerships and Community Law on Public Procurement and Concessions

27

2007/C 051/06

Opinion of the Committee of the Regions on the Establishment of European territorial pacts: proposal for a revision of the tripartite contracts and agreements

31

2007/C 051/07

Opinion of the Committee of the Regions on The situation of unaccompanied minors in the migration process — the role and suggestions of regional and local authorities

35

| EN | |
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EN

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III Preparatory Acts

Committee of the Regions

66th plenary session held on 11 and 12 October 2006

| 6.3.2007 | EN | Official Journal of the European Union | C 51/1 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/1

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Opinion of the Committee of the Regions on the Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund

(2007/C 51/01)

THE COMMITTEE OF THE REGIONS,

Having regard to the Regulation of the European Parliament and of the Council establishing the European Globalisation adjustment Fund COM(2006) 91 final — 2006/0033 (COD);

Having regard to the Council decision of 27 March 2006 to consult it on this subject, under Article 265(1) of the Treaty establishing the European Community;

Having regard to the decision of its President of 22 February 2006 to instruct its Commission for Economic and Social Policy to draw up an opinion on this subject;

Having regard to its opinion on the Communication on Restructuring and employment — Anticipating and accompanying restructuring in order to develop employment: the role of the European Union (COM(2005) 120 final (CdR 148/2005 fin);

Having regard to its resolutions on the Priorities of the Committee of the Regions for 2006 (CdR 275/2005 fin);

Having regard to the draft opinion adopted on 3 July 2006 (CdR 137/2006 rev. 1) Rapporteur: Irene Oldfather, Member of the Scottish Parliament (UK/PES));

adopted the following opinion at its 66th plenary session, held on 11-12 October 2006 (meeting of 11 October):

1.   Views of the Committee of the Regions

The Committee of the Regions

| 1.1 | Believes that the essential social character of Europe's economy– a sufficient level of welfare provision in the areas of unemployment, pensions and other social benefits and a certain degree of employment protection — should be retained but modernised at the competent European, national or regional level in line with the principle of subsidiarity to ensure that the European economy is competitive and in a position to withstand future demographic pressures and meet the challenge of globalisation. |
| --- | --- |

1.1

Believes that the essential social character of Europe's economy– a sufficient level of welfare provision in the areas of unemployment, pensions and other social benefits and a certain degree of employment protection — should be retained but modernised at the competent European, national or regional level in line with the principle of subsidiarity to ensure that the European economy is competitive and in a position to withstand future demographic pressures and meet the challenge of globalisation.

| 1.2 | Welcomes the proposal to establish a European Globalisation adjustment Fund (EGF), through which the Community would show its solidarity towards workers affected by redundancies resulting from changes in world trade patterns. Believes that assistance to individual workers in retraining for future employment does not constitute ‘job subsidisation’, but instead reduces the burden of unemployment falling upon the individual and state, maximises the use of an important economic resource, and fosters a better awareness and acceptance of globalisation and labour-market flexibility. Recognises that many cases of restructuring in the EU respond to either technological changes or changes in consumer taste that are completely unrelated to world trade and would not therefore be eligible for EGF assistance. The Commission proposal thus limits the EGF's scope to cases where a link can be demonstrated between job losses and significant structural changes in global trade patterns; the CoR believes that existing instruments should be used, together with resources from the Structural Funds, specifically to address job loses arising from intra-EU relocation; the CoR believes that the principle of co-financing and match-funding should also be applied to the EGF, to ensure genuine national, regional or local motivation in an application. |
| --- | --- |

1.2

Welcomes the proposal to establish a European Globalisation adjustment Fund (EGF), through which the Community would show its solidarity towards workers affected by redundancies resulting from changes in world trade patterns. Believes that assistance to individual workers in retraining for future employment does not constitute ‘job subsidisation’, but instead reduces the burden of unemployment falling upon the individual and state, maximises the use of an important economic resource, and fosters a better awareness and acceptance of globalisation and labour-market flexibility. Recognises that many cases of restructuring in the EU respond to either technological changes or changes in consumer taste that are completely unrelated to world trade and would not therefore be eligible for EGF assistance. The Commission proposal thus limits the EGF's scope to cases where a link can be demonstrated between job losses and significant structural changes in global trade patterns; the CoR believes that existing instruments should be used, together with resources from the Structural Funds, specifically to address job loses arising from intra-EU relocation; the CoR believes that the principle of co-financing and match-funding should also be applied to the EGF, to ensure genuine national, regional or local motivation in an application.

| 1.3 | Considers that good anticipation, planning and appropriate investment strategies, including investment in human capital, are the appropriate long-term strategies towards meeting the challenge of globalisation, whereas the objective and financial scope of the EGF (as defined by the UK Presidency Summit of December 2005) is limited to addressing the negative effects of structural changes in world trade patterns through interventions a posteriori. |
| --- | --- |

1.3

Considers that good anticipation, planning and appropriate investment strategies, including investment in human capital, are the appropriate long-term strategies towards meeting the challenge of globalisation, whereas the objective and financial scope of the EGF (as defined by the UK Presidency Summit of December 2005) is limited to addressing the negative effects of structural changes in world trade patterns through interventions a posteriori.

| 1.4 | Stresses the overall positive effect of globalisation on growth and jobs in the Community and therefore underlines that a Fund mitigating the negative affects of globalisation should have adequate resources at its disposal. The Committee of the Regions therefore suggests that the maximum annual spending should be set at EUR 1 000 million, if this is compatible with the provisions of the financial perspective for 2007-2013. |
| --- | --- |

1.4

Stresses the overall positive effect of globalisation on growth and jobs in the Community and therefore underlines that a Fund mitigating the negative affects of globalisation should have adequate resources at its disposal. The Committee of the Regions therefore suggests that the maximum annual spending should be set at EUR 1 000 million, if this is compatible with the provisions of the financial perspective for 2007-2013.

| 1.5 | Stresses that local and regional authorities play an active role in responding to major redundancies. Believes therefore that local and regional authorities should be involved in the application for the Fund. Recognises however, that the required Member State endorsement of the application will be deemed to be tacit recognition of the seriousness of the situation and oblige the Member State to take responsibility for the situation. The EGF must not undermine the responsibility of Member States to find their own response to economic restructuring. |
| --- | --- |

1.5

Stresses that local and regional authorities play an active role in responding to major redundancies. Believes therefore that local and regional authorities should be involved in the application for the Fund. Recognises however, that the required Member State endorsement of the application will be deemed to be tacit recognition of the seriousness of the situation and oblige the Member State to take responsibility for the situation. The EGF must not undermine the responsibility of Member States to find their own response to economic restructuring.

| 1.6 | Recognises that there is no overlap with the Structural Funds intended, possible nor desirable (given the cumbersome and time-consuming programming and management/auditing procedures) and that the Member States will need to prove in their applications both the absence of overlap and the complementarity between the different financial instruments. Acknowledges that the EGF is not about the general development of a region, but instead addresses the possibility of mass redundancies in an individual company, whilst understanding that such events may impact more widely on regional prosperity through the knock-on effects on suppliers which in aggregate may be major factors in regional development. |
| --- | --- |

1.6

Recognises that there is no overlap with the Structural Funds intended, possible nor desirable (given the cumbersome and time-consuming programming and management/auditing procedures) and that the Member States will need to prove in their applications both the absence of overlap and the complementarity between the different financial instruments. Acknowledges that the EGF is not about the general development of a region, but instead addresses the possibility of mass redundancies in an individual company, whilst understanding that such events may impact more widely on regional prosperity through the knock-on effects on suppliers which in aggregate may be major factors in regional development.

| 1.7 | Recognises that unlike the Structural Funds, there will be no ‘fair share’ distribution of EGF expenditure based on relative development levels, but instead there will be a concentration where redundancies actually occur. |
| --- | --- |

1.7

Recognises that unlike the Structural Funds, there will be no ‘fair share’ distribution of EGF expenditure based on relative development levels, but instead there will be a concentration where redundancies actually occur.

| 1.8 | Recognises that whereas the ultimate beneficiary is the individual worker, the implementation of EGF actions (e.g. the setting-up of counselling services) will not be contracted through the individual worker but through the local/regional/national authorities or enterprises. |
| --- | --- |

1.8

Recognises that whereas the ultimate beneficiary is the individual worker, the implementation of EGF actions (e.g. the setting-up of counselling services) will not be contracted through the individual worker but through the local/regional/national authorities or enterprises.

| 1.9 | Recalls the statement of the Commission that the EGF ‘must be an instrument which can intervene rapidly and non-bureaucratically’. Regrets therefore, that the proposed decision-taking procedures which require that each EGF intervention be approved individually and in batches by the EU budgetary authority (Council and Parliament) militate against the speedy reaction that is both morally and actually necessary. |
| --- | --- |

1.9

Recalls the statement of the Commission that the EGF ‘must be an instrument which can intervene rapidly and non-bureaucratically’. Regrets therefore, that the proposed decision-taking procedures which require that each EGF intervention be approved individually and in batches by the EU budgetary authority (Council and Parliament) militate against the speedy reaction that is both morally and actually necessary.

2.   Recommendations of the Committee of the Regions

Recommendation 1

Recital 5

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| (5) | An action funded under this regulation should not receive financial assistance from other Community financial instruments. |

Text proposed by the Commission

CoR Amendment

(5)

An action funded under this regulation should not receive financial assistance from other Community financial instruments.

| (5) | An action funded under this regulation should not may receive complementary financial assistance from other Community financial instruments. |
| --- | --- |

(5)

An action funded under this regulation should not may receive complementary financial assistance from other Community financial instruments.

Reason

| — | The EU Structural Funds provide co-financing for national mechanisms, which enable the Member States to take action in the event of mass redundancies. However, these mechanisms do not necessarily take the form of short or medium term actions. Accordingly, there should be a possibility for measures financed under the EGF to complement assistance from other Community financial instruments in the short term. |
| --- | --- |

—

The EU Structural Funds provide co-financing for national mechanisms, which enable the Member States to take action in the event of mass redundancies. However, these mechanisms do not necessarily take the form of short or medium term actions. Accordingly, there should be a possibility for measures financed under the EGF to complement assistance from other Community financial instruments in the short term.

| — | Moreover, the 5th recital in the original text seems to be at odds with Article 5 (2)(d), which states that applications for EGF financing ‘shall contain the following information: d) The specific actions to be funded and a breakdown of their estimated cost, including their complementarity with actions funded by the Structural Funds’. |
| --- | --- |

—

Moreover, the 5th recital in the original text seems to be at odds with Article 5 (2)(d), which states that applications for EGF financing ‘shall contain the following information: d) The specific actions to be funded and a breakdown of their estimated cost, including their complementarity with actions funded by the Structural Funds’.

Recommendation 2

Recital 6

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| (6) | Community aid should only be given upon application of the affected Member State. The Commission should ensure equal treatment of the requests submitted by the Member States. |

Text proposed by the Commission

CoR Amendment

(6)

Community aid should only be given upon application of the affected Member State. The Commission should ensure equal treatment of the requests submitted by the Member States.

| (6) | Community aid should only be given upon application of the affected Member State, acting in consultation with affected local and/or regional authorities according to the internal constitutional arrangements of the Member State concerned. The Commission should ensure equal treatment of the requests submitted by the Member States, but the overall geographical distribution of expenditure by the Fund shall not be a consideration. |
| --- | --- |

(6)

Community aid should only be given upon application of the affected Member State, acting in consultation with affected local and/or regional authorities according to the internal constitutional arrangements of the Member State concerned. The Commission should ensure equal treatment of the requests submitted by the Member States, but the overall geographical distribution of expenditure by the Fund shall not be a consideration.

Reason

This amendment underlines that that local and regional authorities as well as Member States play an active role in mitigating the negative effects of globalisation. As the regulation measures the impact on regions to determine whether the EGF should be applicable the local and regional authorities should involved in the application for the EGF, in conformity with the principle of subsidiarity.

Aid should be given according to need as determined by the eligibility criteria. The Commission should resist any pressure from Member States for a ‘fair share’.

Recommendation 3

Article 2

Intervention criteria

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| A financial contribution from the EGF shall be provided where major structural changes in world trade patterns lead to a serious economic disruption, notably a massive increase of imports into the EU, or a progressive decline of the EU market share in a given sector or a delocalisation to third countries, which results in:






  (a) | at least 1 000 redundancies in an enterprise, including workers made redundant in its suppliers or downstream producers, in a region where unemployment, measured at NUTS III level, is higher than the EU or national average,
  or |

Text proposed by the Commission

CoR Amendment

A financial contribution from the EGF shall be provided where major structural changes in world trade patterns lead to a serious economic disruption, notably a massive increase of imports into the EU, or a progressive decline of the EU market share in a given sector or a delocalisation to third countries, which results in:

(a)

at least 1 000 redundancies in an enterprise, including workers made redundant in its suppliers or downstream producers, in a region where unemployment, measured at NUTS III level, is higher than the EU or national average,

or

| (b) | at least 1 000 redundancies, over a period of 6 months, in one or more enterprises in a sector, measured at NACE 2 level, which represents at least 1% of regional employment measured at NUTS II level. |
| --- | --- |

(b)

at least 1 000 redundancies, over a period of 6 months, in one or more enterprises in a sector, measured at NACE 2 level, which represents at least 1% of regional employment measured at NUTS II level.

A financial contribution from the EGF shall be provided where major structural changes in world trade patterns lead to a serious economic disruption, notably a massive increase of imports into the EU, or a progressive decline of the EU market share in a given sector or a delocalisation to third countries, which results in:

| (a) | at least 1 000
  500 redundancies in an enterprise, including workers made redundant in its suppliers or downstream producers, in a region where unemployment, measured at NUTS III level, is higher than the EU or national average,
  or |
| --- | --- |

(a)

at least 1 000
  500 redundancies in an enterprise, including workers made redundant in its suppliers or downstream producers, in a region where unemployment, measured at NUTS III level, is higher than the EU or national average,

or

| (b) | at least 1 000
  500 redundancies, over a period of 6
  12 months, in one or more enterprises in a sector, measured at NACE 2 level, which represents at least 1% of regional employment or where regional employment measured at NUTS II level has fallen by at least 10 % over the same period. |
| --- | --- |

(b)

at least 1 000
  500 redundancies, over a period of 6
  12 months, in one or more enterprises in a sector, measured at NACE 2 level, which represents at least 1% of regional employment or where regional employment measured at NUTS II level has fallen by at least 10 % over the same period.

| (c) | where the quantitative criteria referred to in points (a) and (b) are not met, the Commission may in exceptional and duly justified circumstances, consider that a Member State can request the intervention of the EGF. |
| --- | --- |

(c)

where the quantitative criteria referred to in points (a) and (b) are not met, the Commission may in exceptional and duly justified circumstances, consider that a Member State can request the intervention of the EGF.

Reason

The criteria should be changed, in order to make the application of the fund more flexible. It is also important that the Regulation should also include a safeguard clause of a political criterion to consider the eligibility of applicants for the fund.

Recommendation 4

Article 5, paragraph 1

Applications

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 1.   The Member State shall submit an application for a contribution from EGF to the Commission
  ... | 1.   The Member State, in consultation with relevant local and/or regional authorities and the social partners, shall submit an application for a contribution from EGF to the Commission
  ... |

Text proposed by the Commission

CoR Amendment

1.   The Member State shall submit an application for a contribution from EGF to the Commission

...

1.   The Member State, in consultation with relevant local and/or regional authorities and the social partners, shall submit an application for a contribution from EGF to the Commission

...

Reason

Local and regional authorities and their communities will be affected by the consequences of relocation and closure, and should be involved in the design of remedial strategies. Therefore they should be involved in the application process, not least in order to ensure complementarity between actions taken at local, regional, national and European levels.

Recommendation 5

Article 5, paragraph 6

Applications

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 5.   The Commission shall ensure equal treatment of applications presented by Member States. | 5.   The Commission shall ensure equal treatment of applications presented by Member States, but the overall geographical distribution of expenditure by the Fund shall not be a consideration. |

Text proposed by the Commission

CoR Amendment

5.   The Commission shall ensure equal treatment of applications presented by Member States.

5.   The Commission shall ensure equal treatment of applications presented by Member States, but the overall geographical distribution of expenditure by the Fund shall not be a consideration.

Reason

Aid should be given according to need as determined by the eligibility criteria. The Commission should resist any pressure from Member States for a ‘fair share’.

Recommendation 6

Article 6

Complementarity, compliance and co-ordination

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 5.   The Member State shall ensure that the specific actions receiving a contribution under the EGF shall not also receive assistance from other Community financial instruments. | 5.   The Member State shall ensure that the specific actions receiving a contribution under the EGF shall not
  may also receive assistance from other Community financial instruments. |

Text proposed by the Commission

CoR Amendment

5.   The Member State shall ensure that the specific actions receiving a contribution under the EGF shall not also receive assistance from other Community financial instruments.

5.   The Member State shall ensure that the specific actions receiving a contribution under the EGF shall not
  may also receive assistance from other Community financial instruments.

Reason

Article 15(1) of the Commission text explicitly refers to the possibility of ‘complementarity’ with the Community financial instruments (i.e. the Structural Funds and the ESF) that can be used in the event of large-scale redundancies.

Recommendation 7

Article 12

Budget procedure

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 1.   Where the Commission has concluded that a financial contribution should be made from the EGF, it shall submit to the budgetary authority a proposal to authorise appropriations corresponding to the amount determined in accordance with Article 10.
  ...
  2.   The Commission shall submit proposals in batches to the budgetary authority.
  ...
  3.   Once the appropriations are made available by the budgetary authority, the Commission shall adopt a decision on the financial contribution. | 1.   Where the Commission has concluded that a financial contribution should be made from the EGF, it shall submit to the budgetary authority a proposal to authorise appropriations corresponding to the amount determined in accordance with Article 10.
  ...
  2.   The Commission shall submit proposals in batches to
  inform the budgetary authority.
  ...
  3.   Once the appropriations are made available by the budgetary authority, tThe Commission shall adopt a decision on the financial contribution. |

Text proposed by the Commission

CoR Amendment

1.   Where the Commission has concluded that a financial contribution should be made from the EGF, it shall submit to the budgetary authority a proposal to authorise appropriations corresponding to the amount determined in accordance with Article 10.

...

2.   The Commission shall submit proposals in batches to the budgetary authority.

...

3.   Once the appropriations are made available by the budgetary authority, the Commission shall adopt a decision on the financial contribution.

1.   Where the Commission has concluded that a financial contribution should be made from the EGF, it shall submit to the budgetary authority a proposal to authorise appropriations corresponding to the amount determined in accordance with Article 10.

...

2.   The Commission shall submit proposals in batches to
  inform the budgetary authority.

...

3.   Once the appropriations are made available by the budgetary authority, tThe Commission shall adopt a decision on the financial contribution.

Reason

The need to seek approval from both Parliament and Council for every application will introduce delays in a process that is meant to provide immediate, short-term support; the intention to hold applications back until they can be submitted in batches will compound the delay. The Commission should have delegated authority to take decisions itself, keeping the budgetary authority informed on how it is disbursing the Fund.

Recommendation 8

Article 16, paragraph 2

Annual Report

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 2.   The report shall be submitted, for information, to the social partners. | 2.   The report shall be submitted, for information, to the social partners, the European Economic and Social Committee and to the Committee of the Regions. |

Text proposed by the Commission

CoR Amendment

2.   The report shall be submitted, for information, to the social partners.

2.   The report shall be submitted, for information, to the social partners, the European Economic and Social Committee and to the Committee of the Regions.

Reason

The performance of the Fund, which is of direct relevance to local and regional authorities, is consequently of interest to the CoR. It is important to maintain broad-based consultation and transparency in relation to the European institutions and social partners which will contribute to the success of the project.

Recommendation 9

Article 17, paragraph 2

Evaluation

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| 2.   The results of the evaluation will be transmitted, for information, to the budgetary authority and to the social partners. | 2.   The results of the evaluation will be transmitted, for information, to the budgetary authority European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and to the social partners. |

Text proposed by the Commission

CoR Amendment

2.   The results of the evaluation will be transmitted, for information, to the budgetary authority and to the social partners.

2.   The results of the evaluation will be transmitted, for information, to the budgetary authority European Parliament, the Council, the European Economic and Social Committee, the Committee of the Regions and to the social partners.

Reason

The performance of the Fund, which is of direct relevance to local and regional authorities, is consequently of interest to the CoR. It is important to maintain broad-based consultation and transparency in relation to the European institutions and social partners which will contribute to the success of the project.

Recommendation 10

Budget

The amount of expenditure from the Fund shall be up to EUR 500
  1 000 million in current prices, if this is compatible with the provisions of the financial perspective for 2007-2013.

Reason

The amount foreseen for the budget is unlikely to be sufficient, given estimates of the number of workers affected annually by relocations attributable to changes in world trade patterns; a doubling on the maximum limit on expenditure would appear justifiable, and is easily within the limit of usual underspends on the Community budget.

Brussels, 11 October 2006

The President

of the Committee of the Regions

Michel DELEBARRE

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| 6.3.2007 | EN | Official Journal of the European Union | C 51/7 |
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6.3.2007

EN

Official Journal of the European Union

C 51/7

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Opinion of the Committee of the Regions on the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities

(2007/C 51/02)

THE COMMITTEE OF THE REGIONS

Having regard to the Proposal for a Directive of the European Parliament and of the Council amending Council Directive 89/552/EEC on the coordination of certain provisions laid down by law, regulation or administrative action in Member States concerning the pursuit of television broadcasting activities
  (COM(2005) 646 final — 2005/0260 (COD));

Having regard to the Council decision of 7 February 2006 to request its opinion on this subject, under Article 265(1) of the Treaty establishing the European Community;

Having regard to the decision of its President of 16 February 2006 to instruct the Commission for Culture, Education and Research to draw up an opinion on this subject;

Having regard to 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, amended by Directive 97/36/EC of the European Parliament and of the Council, 30 June 1997;

Having regard to its opinion on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the Future of European Regulatory Audiovisual Policy
   (1) (CdR 67/2004 fin) (2);

Having regard to its opinion on the Fourth Report from the Commission on the application of Directive 89/553/EEC ‘Television Without Frontiers’
   (3) (CdR 90/2003 fin) (4);

Having regard to the European Parliament resolution on ‘Television without Frontiers’ (2003/2033(INI));

Having regard to the fifth report from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the application of Directive 89/552/EEC ‘Television without Frontiers’ (COM(2006) 49 final);

Having regard to the seventh communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on the application of Articles 4 and 5 of Directive 89/552/EEC ‘Television without Frontiers’, as amended by Directive 97/36/EC, for the period 2003-2004 (COM(2006) 459 final);

Having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on reviewing the interoperability of digital interactive television services pursuant to Communication COM(2004) 541 of 30 July 2004 (COM(2006) 37 final);

Having regard to the communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions ‘European electronic communications regulation and markets 2005 (11th report)’ (COM(2006) 68 final);

Having regard to the draft opinion adopted by the Commission for Culture, Education and Research on 20 June 2006 (CdR 106/2006 rev. 2), (Rapporteur: Mr Lambertz, First Minister of the Government of the Belgian German-speaking community (BE/PES));

Whereas:

| 1) | Since the issue of the TVWF Directive in 1989 and its amendment in 1997 further technological advances have been made. Digitalisation and media convergence in particular have made it essential to adapt the current legal framework. In the future it will be possible to transmit digitalised communication messages using various mediums, thereby providing the recipients, through any terminal, with a comprehensive information and entertainment service. |
| --- | --- |

1)

Since the issue of the TVWF Directive in 1989 and its amendment in 1997 further technological advances have been made. Digitalisation and media convergence in particular have made it essential to adapt the current legal framework. In the future it will be possible to transmit digitalised communication messages using various mediums, thereby providing the recipients, through any terminal, with a comprehensive information and entertainment service.

| 2) | The law must therefore take this development into account in order to avoid distortions of competition between traditional television broadcasters and other media services. The Committee of the Regions and the European Parliament have on more than once occasion expressed their support for the adaptation of the current TVWF Directive to meet structural changes and technological developments and called for the introduction of basic rules for all media services. |
| --- | --- |

2)

The law must therefore take this development into account in order to avoid distortions of competition between traditional television broadcasters and other media services. The Committee of the Regions and the European Parliament have on more than once occasion expressed their support for the adaptation of the current TVWF Directive to meet structural changes and technological developments and called for the introduction of basic rules for all media services.

| 3) | Because of the central role played by audiovisual media in preserving cultural diversity and developing a pluralistic society in Europe, the European legal framework must be adapted in a way that facilitates and promotes its continued progress. Collectively, the media play a key role in preserving regional and local cultural diversity and identity. Furthermore, the presence of regional und local media contributes to the dissemination of information of local interest and frequently also to the spread of minority languages. |
| --- | --- |

3)

Because of the central role played by audiovisual media in preserving cultural diversity and developing a pluralistic society in Europe, the European legal framework must be adapted in a way that facilitates and promotes its continued progress. Collectively, the media play a key role in preserving regional and local cultural diversity and identity. Furthermore, the presence of regional und local media contributes to the dissemination of information of local interest and frequently also to the spread of minority languages.

| 4) | The range of electronic services with which users today are continually confronted in various ways has changed the perception of commercial communication. It would therefore be a good idea to adapt the quantitative restrictions on advertising in the amended Directive in as far as this is appropriate and timely. However, specific qualitative restrictions must guarantee the editorial and programming independence of audiovisual media services, which is vital for the democratic development of informed opinion at national and regional level. The interests of young people and consumer protection interests should also be properly taken into account here. |
| --- | --- |

4)

The range of electronic services with which users today are continually confronted in various ways has changed the perception of commercial communication. It would therefore be a good idea to adapt the quantitative restrictions on advertising in the amended Directive in as far as this is appropriate and timely. However, specific qualitative restrictions must guarantee the editorial and programming independence of audiovisual media services, which is vital for the democratic development of informed opinion at national and regional level. The interests of young people and consumer protection interests should also be properly taken into account here.

adopted the following opinion at its 66th plenary session, held on 11 and 12 October 2006 (meeting of 11 October):

1.   Views of the Committee of the Regions

The Committee of the Regions

Having regard to the scope of the Directive

| 1.1 | welcomes the proposal to extend the scope of the Directive. In view of increasing convergence, it is appropriate to subject all media services to certain minimum standards as regards protection of minors and human dignity, to promote European and independent works, and to entitle them to use news extracts about events of public interest; |
| --- | --- |

1.1

welcomes the proposal to extend the scope of the Directive. In view of increasing convergence, it is appropriate to subject all media services to certain minimum standards as regards protection of minors and human dignity, to promote European and independent works, and to entitle them to use news extracts about events of public interest;

| 1.2 | believes, however, that the Commission proposal does not go far enough in this respect and holds the view that, owing to the technical convergence, which increasingly is also leading to convergence of content the TVWF Directive should be developed in a way that makes it even more platform neutral, covering all electronically disseminated information using moving images; |
| --- | --- |

1.2

believes, however, that the Commission proposal does not go far enough in this respect and holds the view that, owing to the technical convergence, which increasingly is also leading to convergence of content the TVWF Directive should be developed in a way that makes it even more platform neutral, covering all electronically disseminated information using moving images;

| 1.3 | recommends that media services that use moving images in addition to sound or text be subject to minimum standards in the area of minor protection and human dignity and not just to purely economic regulations such as the Directive on Electronic Commerce; |
| --- | --- |

1.3

recommends that media services that use moving images in addition to sound or text be subject to minimum standards in the area of minor protection and human dignity and not just to purely economic regulations such as the Directive on Electronic Commerce;

Having regard to the graduated regulation

| 1.4 | Given the various choices and control options which the user has, regards the Commission's graduated regulation between linear and non-linear audiovisual media services as appropriate and recommends that all audiovisual media services be subject to certain basic standards; |
| --- | --- |

1.4

Given the various choices and control options which the user has, regards the Commission's graduated regulation between linear and non-linear audiovisual media services as appropriate and recommends that all audiovisual media services be subject to certain basic standards;

Having regard to the State of transmission principle

| 1.5 | welcomes the fact that the Commission continues to support the State of transmission principle; requests however that the receiving Member State has more effective options for dealing with a media service provider that directs its activities exclusively or predominantly at the territory of another Member State outside the State of transmission; |
| --- | --- |

1.5

welcomes the fact that the Commission continues to support the State of transmission principle; requests however that the receiving Member State has more effective options for dealing with a media service provider that directs its activities exclusively or predominantly at the territory of another Member State outside the State of transmission;

Having regard to the self-regulation mechanisms

| 1.6 | welcomes the fact that the Commission supports the introduction of self-regulation mechanisms and is calling on Member States to promote regulation in this area; |
| --- | --- |

1.6

welcomes the fact that the Commission supports the introduction of self-regulation mechanisms and is calling on Member States to promote regulation in this area;

| 1.7 | recommends, however, that on grounds of competence, it should stop at this. For reasons of cultural diversity and subsidiarity, the actual provisions for self-regulation mechanisms in Member States and regions should not be spelt out; |
| --- | --- |

1.7

recommends, however, that on grounds of competence, it should stop at this. For reasons of cultural diversity and subsidiarity, the actual provisions for self-regulation mechanisms in Member States and regions should not be spelt out;

Having regard to the right to use news extracts

| 1.8 | supports the fact that in the future there will be a right to use news extracts, which aims to guarantee the flow of information across borders and unrestricted access to information. This will make a significant contribution to diversity of opinion and also to the flow of information across borders concerning significant events in other regions. This will also bring regulation concerned with television even closer into line with the relevant Council of Europe agreement; |
| --- | --- |

1.8

supports the fact that in the future there will be a right to use news extracts, which aims to guarantee the flow of information across borders and unrestricted access to information. This will make a significant contribution to diversity of opinion and also to the flow of information across borders concerning significant events in other regions. This will also bring regulation concerned with television even closer into line with the relevant Council of Europe agreement;

| 1.9 | reiterates its recommendation that the right to use news extracts must also be guaranteed in particular for operators broadcasting in minority languages; |
| --- | --- |

1.9

reiterates its recommendation that the right to use news extracts must also be guaranteed in particular for operators broadcasting in minority languages;

Having regard to promoting European and independent productions

| 1.10 | categorically welcomes the maintenance of the quota system to support European productions as these productions make a significant contribution to the preservation and development of regional identities; requests, however, a stricter and more uniform application of this system; |
| --- | --- |

1.10

categorically welcomes the maintenance of the quota system to support European productions as these productions make a significant contribution to the preservation and development of regional identities; requests, however, a stricter and more uniform application of this system;

| 1.11 | regards as necessary the obligation on Member States to ensure that providers of non-linear media services under their jurisdiction also promote, where practicable and by appropriate means, production of and access to European and independent works; |
| --- | --- |

1.11

regards as necessary the obligation on Member States to ensure that providers of non-linear media services under their jurisdiction also promote, where practicable and by appropriate means, production of and access to European and independent works;

Having regard to rules on advertising

| 1.12 | takes the view that the relaxation of the rules concerning product placements permitted for the first time by the draft Directive goes too far and clearly poses a considerable risk to editorial independence, even if the intention of Article 3h (1)(a) of the proposal is to rule out this possibility; |
| --- | --- |

1.12

takes the view that the relaxation of the rules concerning product placements permitted for the first time by the draft Directive goes too far and clearly poses a considerable risk to editorial independence, even if the intention of Article 3h (1)(a) of the proposal is to rule out this possibility;

| 1.13 | is of the opinion that the provisions of Article 11 on the gap between advertising breaks and Article 18 on the limitation of advertising time per hour are no longer appropriate and therefore suggests a greater liberalisation of the quantitative rules on advertising for providers of linear services; |
| --- | --- |

1.13

is of the opinion that the provisions of Article 11 on the gap between advertising breaks and Article 18 on the limitation of advertising time per hour are no longer appropriate and therefore suggests a greater liberalisation of the quantitative rules on advertising for providers of linear services;

| 1.14 | believes that, in the event of provisions being deleted, a ban should be introduced, in the interests of youth and consumer protection, on advertisement breaks during children's and news programmes; |
| --- | --- |

1.14

believes that, in the event of provisions being deleted, a ban should be introduced, in the interests of youth and consumer protection, on advertisement breaks during children's and news programmes;

| 1.15 | recommends that, on practical grounds, exceptions be permitted to the regulation stipulating that isolated advertising spots must be the exception; |
| --- | --- |

1.15

recommends that, on practical grounds, exceptions be permitted to the regulation stipulating that isolated advertising spots must be the exception;

Having regard to the independence of national regulatory authorities

| 1.16 | supports the proposals for independent national regulatory authorities; believes, however, that in principle the organisation of media supervision should remain a matter for Member States and, where necessary, regions with jurisdiction, especially when their public service broadcasting is organised on an internal and pluralistic basis. |
| --- | --- |

1.16

supports the proposals for independent national regulatory authorities; believes, however, that in principle the organisation of media supervision should remain a matter for Member States and, where necessary, regions with jurisdiction, especially when their public service broadcasting is organised on an internal and pluralistic basis.

2.   Recommendations of the Committee of the Regions

Recommendation 1

Point 2, new version of Article 1(a)

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| (2) | Article 1 is replaced by the following:
  ‘Article 1
  For the purpose of this Directive:






  (a) | “audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the provision of moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and of the Council.’ |

Text proposed by the Commission

CoR Amendment

(2)

Article 1 is replaced by the following:

‘Article 1

For the purpose of this Directive:

(a)

“audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is the provision of moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and of the Council.’

| (2) | Article 1 is replaced by the following:
  ‘Article 1
  For the purpose of this Directive:






  (a) | “audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is, among other things, the provision of moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and of the Council, including accompanying teletext. It does not cover gambling activities which involve wagering a stake with monetary value in games of chance, including lotteries and betting transactions.’ |
| --- | --- | --- |

(2)

Article 1 is replaced by the following:

‘Article 1

For the purpose of this Directive:

(a)

“audiovisual media service” means a service as defined by Articles 49 and 50 of the Treaty the principal purpose of which is, among other things, the provision of moving images with or without sound, in order to inform, entertain or educate, to the general public by electronic communications networks within the meaning of Article 2(a) of Directive 2002/21/EC of the European Parliament and of the Council, including accompanying teletext. It does not cover gambling activities which involve wagering a stake with monetary value in games of chance, including lotteries and betting transactions.’

Reason

Because of the technical convergence, which increasingly is also leading to convergence of content, it is not expedient to include only media services whose main purpose is to broadcast moving images with or without sound. Rather, in order to ensure undistorted competition, it would be appropriate if all media services that use moving images were subject to the minimum standards of Article 3 d-h). Reasons for this include, first of all, the fact that the boundaries between media services whose principal purpose is to provide moving images with or without sound and media services whose secondary purpose is also to provide moving images with or without sound (electronic press or radio broadcast over the Internet, for example) are becoming increasingly blurred. In addition, it is unfair that media services that use both moving images and sound or text equally or that focus on sound or text will not be subject to minimum standards in the area of minor protection and human dignity but only to purely economic regulations such as the Directive on Electronic Commerce.

The directive should also cover teletext accompanying audiovisual media services. Teletext is already covered by the directive currently in force. Therefore accompanying teletext should be explicitly mentioned in Article 1(a).

Because of the need to ensure public safety and order, prevent crime and protect consumers, the gambling industry is unlike any normal economic activity. In accordance with the provisions of the eCommerce Directive it is therefore necessary to make it clear in the directive on audiovisual media services that its provisions to facilitate cross-border activities do not apply to all games of chance. Games of chance are not expressly mentioned in the directive on audiovisual media services; however, it is not to be ruled out that gambling services may be covered by the directive through the intended extension of its scope to include non-linear audiovisual media services. Article 1(a) should therefore include a passage incorporating the wording of Article 1(5) of the eCommerce Directive, which lists exceptions that do not come under the directive's scope.

Recommendation 2

Point 2, new wording of Article 1(c)

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| Article 1(c)







  ‘c) | “television broadcasting” or “television broadcast” mean a linear audiovisual media service where a media service provider decides upon the moment in time when a specific programme is transmitted and establishes the programme schedule;’ |

Text proposed by the Commission

CoR Amendment

Article 1(c)

‘c)

“television broadcasting” or “television broadcast” mean a linear audiovisual media service where a media service provider decides upon the moment in time when a specific programme is transmitted and establishes the programme schedule;’

Article 1 c)

| ‘c) | “television broadcasting” or “television broadcast” mean a linear audiovisual media service where a media service provider decides upon the moment in time when a specific programme is transmitted and establishes the programme schedule;
  “linear service” (i.e. television broadcast): an audio-visual media service, which exists in the unencrypted or coded transmission of TV programmes for an indefinite number of possible viewers, to whom the same pictures are conveyed or transferred at the same time irrespective of the technology used for the picture transmission.’ |
| --- | --- |

‘c)

“television broadcasting” or “television broadcast” mean a linear audiovisual media service where a media service provider decides upon the moment in time when a specific programme is transmitted and establishes the programme schedule;
  “linear service” (i.e. television broadcast): an audio-visual media service, which exists in the unencrypted or coded transmission of TV programmes for an indefinite number of possible viewers, to whom the same pictures are conveyed or transferred at the same time irrespective of the technology used for the picture transmission.’

Reason

A more precise definition of the term ‘linear service’ is possible by using the statements of the ECJ on the term ‘television programme’ in its Mediakabel Judgment. In addition, in order to draw a better distinction between the terms ‘linear’ and ‘non-linear service’, use should be made of the examples mentioned by the EU Commission in the explanatory statement of the draft directive itself (see point 5 of the executive summary in document COM 2005/646) and the examples of delimitation given in the recitals to its non-paper of February 2006

Recommendation 3

Point 2, new wording for Article 1(h)

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| Article 1(h)







  ‘h) | “surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the broadcaster to serve advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration;’ |

Text proposed by the Commission

CoR Amendment

Article 1(h)

‘h)

“surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the broadcaster to serve advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration;’

Articles 1(h)

| ‘h) | “surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the broadcaster
  provider of an audio-visual media service to serve advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration or if an article, a service, a name, a trade mark or an activity are inadmissibly emphasised. An emphasis is inadmissible, if it is not justified by the editorial requirements of the programme, in particular for the representation of real life;’ |
| --- | --- |

‘h)

“surreptitious advertising” means the representation in words or pictures of goods, services, the name, the trade mark or the activities of a producer of goods or a provider of services in programmes when such representation is intended by the broadcaster
  provider of an audio-visual media service to serve advertising and might mislead the public as to its nature. Such representation is considered to be intentional in particular if it is done in return for payment or for similar consideration or if an article, a service, a name, a trade mark or an activity are inadmissibly emphasised. An emphasis is inadmissible, if it is not justified by the editorial requirements of the programme, in particular for the representation of real life;’

Reason

In accordance with the extension of scope, the prohibition of surreptitious advertising should also apply to all providers of audio-visual media services, and not just to television broadcasters/ linear services. The word ‘broadcasters’ in Article 1(h) should thus be replaced by ‘provider of an audio-visual media service’.

The definition of prohibited surreptitious advertising in Article 1(h) should be made clearer by referring to point 33 of the interpreting communication of the European Commission on television advertising (characteristic of inadmissible emphasis). In this way, by expanding Article 3(h)(1), the strict conditions under which the supply of products for audio-visual productions is permissible will be described exactly.

Recommendation 4

Point 4, add a new paragraph c

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| | c) | The following paragraph 4 is inserted into Article 2a:

  ‘In the case of non-linear services Member States can take measures under Article 3(3)-(5) and Article 12(3) of Directive 2000/31/EC of the European Parliament and of the Council (eCommerce Directive).’ |

Text proposed by the Commission

CoR Amendment

c)

c)

The following paragraph 4 is inserted into Article 2a:

‘In the case of non-linear services Member States can take measures under Article 3(3)-(5) and Article 12(3) of Directive 2000/31/EC of the European Parliament and of the Council (eCommerce Directive).’

‘In the case of non-linear services Member States can take measures under Article 3(3)-(5) and Article 12(3) of Directive 2000/31/EC of the European Parliament and of the Council (eCommerce Directive).’

Reason

The Committee of the Regions supports the country of origin principle as the basic principle of the directive. However, the Member States should also have the possibility of preventing the transmission of e.g. far right views. The Member State could act against such views in linear services on the basis of Article 2a(2)(a), but with non-linear services a regulatory loophole would develop, since the previous possibilities for action on the basis of the eCommerce Directive would be superseded by the directive on audio-visual media services. Therefore the Member States should be allowed the possibility of applying bans to non-linear services on the basis of the eCommerce Directive, as before. In this regard an express reference should be made in a new Article 2a(4), to the effect that the Member States may take action against non-linear services in accordance with Article 3(3) to (5) and Article 12(3) of the eCommerce Directive.

Recommendation 5

Point 5, new wording of Article 3(3)

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| Article 3(3)
  Member States shall encourage co-regulatory regimes in the fields coordinated by this Directive. These regimes shall be such that they are broadly accepted by the main stakeholders and provide for effective enforcement. | Article 3(3)
  Member States shall encourage systems for self-regulation and co-regulationory to implement and enforce the provisions of this Directive
  regimes in the fields coordinated by this Directive. These systems
  regimes shall be such that they are broadly accepted by the main stakeholders in each Member State and provide for effective enforcement. |

Text proposed by the Commission

CoR Amendment

Article 3(3)

Member States shall encourage co-regulatory regimes in the fields coordinated by this Directive. These regimes shall be such that they are broadly accepted by the main stakeholders and provide for effective enforcement.

Article 3(3)

Member States shall encourage systems for self-regulation and co-regulationory to implement and enforce the provisions of this Directive
  regimes in the fields coordinated by this Directive. These systems
  regimes shall be such that they are broadly accepted by the main stakeholders in each Member State and provide for effective enforcement.

systems for self-regulation and

ion

to implement and enforce the provisions of this Directive

regimes in the fields coordinated by this Directive

systems

regimes

main

in each Member State

Reason

Implementation of the Directive by means of self-regulation and co-regulation should continue to be possible. Therefore, the Directive's provisions, and possibly also the recitals, must make clear that self-regulation is possible, as long as the state retains ultimate responsibility and has adequate means of intervention. Moreover, it should be made clear that the phrase ‘broadly accepted’ relates to general acceptance at Member State level, and not Community level.

Recommendation 6

Point 6, modification of Article 3b

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| ‘Article 3b
  1.   Member States shall ensure that, for the purposes of short news reports, broadcasters established in other Member States are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.
  2.   Short news reports may be chosen freely by the broadcasters from the transmitting broadcaster's signal with at least the identification of their source.’ | ‘Article 3b
  1.    Member States shall ensure that, for the purposes of short news reports, broadcasters established in other Member States or whose programmes are broadcast in a minority language are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.
  2.   Short news reports may be chosen freely by the broadcasters from the transmitting broadcaster's signal with at least the identification of their source. Alternatively, broadcasters themselves can be granted access to the event for the purpose of transmission in accordance with Member State law.’ |

Text proposed by the Commission

CoR Amendment

‘Article 3b

1.   Member States shall ensure that, for the purposes of short news reports, broadcasters established in other Member States are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.

2.   Short news reports may be chosen freely by the broadcasters from the transmitting broadcaster's signal with at least the identification of their source.’

‘Article 3b

1.    Member States shall ensure that, for the purposes of short news reports, broadcasters established in other Member States or whose programmes are broadcast in a minority language are not deprived of access on a fair, reasonable and non-discriminatory basis to events of high interest to the public which are transmitted by a broadcaster under their jurisdiction.

2.   Short news reports may be chosen freely by the broadcasters from the transmitting broadcaster's signal with at least the identification of their source. Alternatively, broadcasters themselves can be granted access to the event for the purpose of transmission in accordance with Member State law.’

Reason

It is crucial for the sake of regional and cultural diversity that domestic television operators broadcasting in a minority language also have access to events of major public interest. This puts them on an equal footing with television broadcasters based in another Member State.

From the point of view of diversity of opinion, granting right of access merely to an existing signal seems insufficient. The Directive should, instead, allow the Member State to decide whether the right to broadcast short news reports should be granted in the form of a physical right of access, or, simply, by providing access to the signal. Art. 3b(2) should, therefore, also include the right to physical access, in accordance with the laws of each Member State.

Recommendation 7

Point 6, modification of Article 3e

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| Article 3e
  Member States shall ensure by appropriate means that audiovisual media services and audiovisual commercial communications provided by providers under their jurisdiction do not contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation. | Article 3e
  Member States shall ensure by appropriate means that audiovisual media services and audiovisual commercial communications provided by providers under their jurisdiction do not contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, or in any other way violate human dignity. |

Text proposed by the Commission

CoR Amendment

Article 3e

Member States shall ensure by appropriate means that audiovisual media services and audiovisual commercial communications provided by providers under their jurisdiction do not contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation.

Article 3e

Member States shall ensure by appropriate means that audiovisual media services and audiovisual commercial communications provided by providers under their jurisdiction do not contain any incitement to hatred based on sex, racial or ethnic origin, religion or belief, disability, age or sexual orientation, or in any other way violate human dignity.

or in any other way violate human dignity

Reason

In the interest of a unified standard of protection the text should be harmonised with the primary law provisions, namely Art. 13 of the EC Treaty. Moreover, protection of the paramount value of human dignity, as set out in Art.1 of the Charter of Fundamental Rights of the European Union, should definitely not be left out.

Recommendation 8

Point 6, insertion of Article 3h

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| ‘Article 3h
  1.   Audiovisual media services that are sponsored or that contain product placement shall meet the following requirements:
  (...)






  (c) | viewers must be clearly informed of the existence of a sponsorship agreement and/or the existence of product placement. Sponsored programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in a appropriate way for programmes at the beginning, during and/or the end of the programmes. Programmes containing product placement must be appropriately identified at the start of the programme in order to avoid any confusion on the part of the viewer. |

Text proposed by the Commission

CoR Amendment

‘Article 3h

1.   Audiovisual media services that are sponsored or that contain product placement shall meet the following requirements:

(...)

(c)

viewers must be clearly informed of the existence of a sponsorship agreement and/or the existence of product placement. Sponsored programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in a appropriate way for programmes at the beginning, during and/or the end of the programmes. Programmes containing product placement must be appropriately identified at the start of the programme in order to avoid any confusion on the part of the viewer.

(...)

4.   News and current affairs shall not be sponsored and not contain product placement. Audiovisual media services for children and documentaries may not contain product placement.’

‘Article 3h

1.   Audiovisual media services that are sponsored or that contain product placement shall meet the following requirements:

(...)

| (c) | viewers must be clearly informed of the existence of a sponsorship agreement and/or the existence of product placement. Sponsored programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in a appropriate way for programmes at the beginning, during and/or the end of the programmes. Programmes containing product placement must be appropriately
  clearly identified at the start, during and also at the end of the programme in order to avoid any confusion on the part of the viewer. |
| --- | --- |

(c)

viewers must be clearly informed of the existence of a sponsorship agreement and/or the existence of product placement. Sponsored programmes must be clearly identified as such by the name, logo and/or any other symbol of the sponsor such as a reference to its product(s) or service(s) or a distinctive sign thereof in a appropriate way for programmes at the beginning, during and/or the end of the programmes. Programmes containing product placement must be appropriately
  clearly identified at the start, during and also at the end of the programme in order to avoid any confusion on the part of the viewer.

(...)

4.   News and current affairs shall not be sponsored and not contain product placement. Audiovisual media services for children and documentaries may not contain product placement.
  Product placements are permitted only in cinematographic works, films made for television and entertainment series not intended for children.’

Reason

In contrast to existing legislation, the draft Directive for the first time allows product placements to be included among audiovisual forms of commercial communication. This relaxation of what were originally strict requirements for the separation of advertisements and programmes goes too far. The risk that this poses for programme autonomy and editorial independence has not been sufficiently taken into account. The proposed Directive does rule out product placements for certain programmes, but this only applies to news programmes, current affairs programmes, children's and documentary films. This means that product placements are permitted, for example, in programmes about consumer protection or programmes that provide information on travel or particular products. The risks associated with this also cannot be ruled out by Article 3 h (1)(a) of the proposal. Past experience has shown that those who use product placements in a programme also have an influence on the design of this programme. On the other hand, it cannot be denied that traditional advertising has reached its limits and that for some time now there have been product placements on a large scale in certain formats, feature films for example. For this reason, a limited form of product placement in cinematographic works and films made for television is recommended. Films produced in the USA, for example, already regularly feature product placements.

In return for a partial authorisation of product placements, the provisions in Article 3 (1) (c) of the Commission proposal governing the identification of programmes containing such placements should be tightened by stipulating the continuous identification of the programmes in question so as to inform viewers who watch only part of the programme about the advertising practices being used. Under these circumstances it is then also possible to authorise product placing in entertainment series, too, provided they are not intended for children.

identification

Recommendation 9

Point 10, new version of Article 11

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| (10) | Article 11 is replaced by the following:
  ‘Article 11
  2.   The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each period of 35 minutes.
  No advertising or teleshopping may be inserted during religious services.’ |

Text proposed by the Commission

CoR Amendment

(10)

Article 11 is replaced by the following:

‘Article 11

2.   The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each period of 35 minutes.

No advertising or teleshopping may be inserted during religious services.’

| (10) | Article 11 is replaced by the following:
  ‘Article 11
  2.    The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), and cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each period of 35
  30 minutes.
  No advertising or teleshopping may be inserted during religious services, children's programmes and news programmes.’ |
| --- | --- |

(10)

Article 11 is replaced by the following:

‘Article 11

2.    The transmission of films made for television (excluding series, serials, light entertainment programmes and documentaries), and cinematographic works, children's programmes and news programmes may be interrupted by advertising and/or teleshopping once for each period of 35
  30 minutes.

and

children's programmes and news programmes

35

30

No advertising or teleshopping may be inserted during religious services, children's programmes and news programmes.’

children's programmes and news programmes.

Reason

The proposed easing of the restrictions would give media service-providers greater flexibility in designing their programmes. However, it is essential to amend the Commission proposal by including a ban on advertising spots in children's and news programmes as well. In the case of children's programmes, a ban has been proposed for the sake of the protection of minors, as children are still not able to properly distinguish advertising from programmes or to evaluate advertising messages. A ban has also been proposed during news programmes because of their special role in the development of independent thought.

Recommendation 10

Point 20, modification of Article 23b

| Text proposed by the Commission | CoR Amendment |
| --- | --- |
| (20) | The following Article 23b is inserted:
  ‘Article 23 b
  1.   Member States shall guarantee the independence of national regulatory authorities and ensure that they exercise their powers impartially and transparently.
  2.   National regulatory authorities shall provide each other and the Commission with the information necessary for the application of the provisions of this Directive.’ |

Text proposed by the Commission

CoR Amendment

(20)

The following Article 23b is inserted:

‘Article 23 b

1.   Member States shall guarantee the independence of national regulatory authorities and ensure that they exercise their powers impartially and transparently.

2.   National regulatory authorities shall provide each other and the Commission with the information necessary for the application of the provisions of this Directive.’

| (20) | The following Article 23b is inserted:
  ‘Article 23 b
  1.   Without prejudice to their regulations on public-service media service providers, Member States shall guarantee the independence of national and, where they exist, regional regulatory authorities and ensure that they exercise their powers impartially and transparently.
  2.   National regulatory authorities shall provide each other and the Commission with the information necessary for the application of the provisions of this Directive.’ |
| --- | --- |

(20)

The following Article 23b is inserted:

‘Article 23 b

1.   Without prejudice to their regulations on public-service media service providers, Member States shall guarantee the independence of national and, where they exist, regional regulatory authorities and ensure that they exercise their powers impartially and transparently.

Without prejudice to their regulations on public-service media service providers,

and, where they exist, regional

2.   National regulatory authorities shall provide each other and the Commission with the information necessary for the application of the provisions of this Directive.’

Reason

Although the independence of national regulatory authorities is of fundamental importance and should be welcomed, the organisation of media supervision must remain a matter for Member States and, where necessary, regions with jurisdiction. Furthermore, Article 23 b must not affect the position of public-service broadcasting and stipulate external regulation of all broadcasters. This is especially important for the various Member States and regions which, under their constitution, organise public service broadcasting on an internal and pluralistic basis, regulate it internally in other words, and subject it to only limited legal supervision by the state.

The guarantee of impartiality and transparency should also be extended to any regional regulatory authorities that are or could be established in regions with legislative powers in the field of communications, or in Member States with forms of federalism or autonomous communities. This does not affect the powers of the national authorities; it aims merely to extend the same guarantees of impartiality and transparency to the local level, in compliance with the principle of subsidiarity as enshrined in the Maastricht Treaty.

Brussels, 11 October 2006.

The President

of the Committee of the Regions

Michel DELEBARRE

---

(1)  COM(2003) 784 final.

1

(2)  OJ C 318 of 22.12.2004, p. 30.

2

(3)  COM(2002) 778 final.

3

(4)  OJ C 256 of 24.10.2003, p. 85.

4

---

| 6.3.2007 | EN | Official Journal of the European Union | C 51/16 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/16

---

Opinion of the Committee of the Regions on the 2005 Enlargement package 2005/ELARG/001 and on the Communication from the Commission: The Western Balkans on the road to the EU: consolidating stability and raising prosperity

(2007/C 51/03)

THE COMMITTEE OF THE REGIONS

Having regard to the Commission communication The Western Balkans on the road to the EU: consolidating stability and raising prosperity (COM(2006) 27 final);

Having regard to the decision of the European Commission of 27 January 2006 to consult it on this subject, under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its president of 28 February 2006 to instruct the Commission for External Relations and Decentralised Cooperation to draw up an opinion on the European Commission's strategy on progress made in the enlargement process;

Having regard to the enlargement package 2005 (2005/ELARG/001);

Having regard to its opinion on the Proposal for a Council Decision on the principles, priorities and conditions contained in the European Partnership with Croatia and with a view to focusing on the countries taking part in the Stabilisation and Association Process (SAP), i.e. Albania, Bosnia and Herzegovina, the Former Yugoslav Republic of Macedonia, and Serbia and Montenegro including Kosovo, with the exception of Croatia (CdR 499/2004 fin);

Having regard to its opinion on The role of the European Union's local and regional authorities in the democratic consolidation process in the Western Balkans (CdR 101/2003 fin) (1);

Having regard to its opinion on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions on Civil Society Dialogue between the EU and Candidate Countries (CdR 50/2006 rev. 1);

Having regard to the EU/Western Balkans Joint Press Statement of the Ministers of Foreign Affairs of the Member States of the European Union, the acceding states, the candidate states and the potential candidate Western Balkan countries issued in Salzburg on 11 March 2006 which affirmed the European perspective of the Western Balkan states and, in accordance with the Conclusions of the 2003 Thessaloniki European Summit, confirmed EU membership as the ultimate goal;

Having regard to the Stability Pact for South-East Europe established by the European Commission and 40 partner countries and organisations on 10 June 1999 as a means of preventing conflict and promoting reconstruction in the Balkan region;

Having regard to the Resolution of the European Parliament of 16 March 2006 (2) on the Commission's enlargement strategy paper;

Having regard to the Final Declaration of the Conference on The role of EU regional and local authorities in the process of democratic consolidation in the Western Balkans region, Prishtina, 22 June 2005, CdR 145/2005;

Having regard to the conclusions of the conference of the CONST commission on the Contribution of local and regional authorities to the protection of minorities and anti-discrimination policies, held in Vienna (Austria) on 17 March 2006;

Having regard to the European Charter for Small Enterprises and the Report on the implementation of the European Charter for Small Enterprises in Moldova and the countries in the Western Balkans (SEC(2006) 283);

Having regard to its draft opinion adopted on 22 June 2006 by the Commission for External Relations and Decentralised Cooperation (CdR 115/2006 rev. 1), rapporteur: Mr Schausberger (AT/EPP);

Whereas:

The CoR has dedicated an opinion exclusively to Croatia, this opinion will therefore focus on the remaining countries making up the Western Balkans, i.e. Albania, Bosnia and Herzegovina, Montenegro, the former Yugoslav Republic of Macedonia, and Serbia including Kosovo.

unanimously adopted the following opinion at its 66th plenary session of 11 and 12 October 2006 (meeting of 11 October):

1.   The views of the Committee of the Regions

1.1   General comments

The Committee of the Regions

| 1.1.1 | considers further progress in the Western Balkans to be a joint European peace project which is fully consonant with the founding principle of the Communities, and emphasises that the Western Balkan countries, through their own efforts and with the support of the European Union, should, as an integral part of the European family, eventually become an area of peace, freedom, security and prosperity; |
| --- | --- |

1.1.1

considers further progress in the Western Balkans to be a joint European peace project which is fully consonant with the founding principle of the Communities, and emphasises that the Western Balkan countries, through their own efforts and with the support of the European Union, should, as an integral part of the European family, eventually become an area of peace, freedom, security and prosperity;

| 1.1.2 | considers dealing with the past to be a prerequisite for reconciliation between countries, peoples and ethnic groups in the Western Balkans; emphasises in this connection the need for the countries concerned to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia (ICTY); |
| --- | --- |

1.1.2

considers dealing with the past to be a prerequisite for reconciliation between countries, peoples and ethnic groups in the Western Balkans; emphasises in this connection the need for the countries concerned to cooperate fully with the International Criminal Tribunal for the Former Yugoslavia (ICTY);

| 1.1.3 | points out that membership of the European Union not only involves the internal market or free movement of people, but is equally concerned with the values shared by the peoples and countries of the European Union: human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of people who belong to minorities; |
| --- | --- |

1.1.3

points out that membership of the European Union not only involves the internal market or free movement of people, but is equally concerned with the values shared by the peoples and countries of the European Union: human dignity, freedom, democracy, equality, the rule of law and respect for human rights, including the rights of people who belong to minorities;

| 1.1.4 | welcomes the progress made in the political and economic reforms emerging from the European perspective of the Western Balkan countries launched in Thessaloniki in 2003 and confirmed in Salzburg on 11 March 2006, and recognises the major responsibilities which the international community and Europe bear towards these countries; |
| --- | --- |

1.1.4

welcomes the progress made in the political and economic reforms emerging from the European perspective of the Western Balkan countries launched in Thessaloniki in 2003 and confirmed in Salzburg on 11 March 2006, and recognises the major responsibilities which the international community and Europe bear towards these countries;

| 1.1.5 | is pleased that matters relating to the Western Balkans are discussed not only in the various Council formations but also in the General Affairs Council and that the results are to be collated in June 2006; |
| --- | --- |

1.1.5

is pleased that matters relating to the Western Balkans are discussed not only in the various Council formations but also in the General Affairs Council and that the results are to be collated in June 2006;

| 1.1.6 | welcomes the opening of negotiations on the Stabilisation and Association Agreement (SAA) with Bosnia and Herzegovina; |
| --- | --- |

1.1.6

welcomes the opening of negotiations on the Stabilisation and Association Agreement (SAA) with Bosnia and Herzegovina;

| 1.1.7 | hopes that the negotiations on a Stabilisation and Association Agreement with Serbia will continue without delay as soon as the Serbian negotiating partners have re-established the prerequisite for this to happen; |
| --- | --- |

1.1.7

hopes that the negotiations on a Stabilisation and Association Agreement with Serbia will continue without delay as soon as the Serbian negotiating partners have re-established the prerequisite for this to happen;

| 1.1.8 | welcomes the opening of negotiations on a Stabilisation and Association Agreement with Montenegro on 26 September 2006; |
| --- | --- |

1.1.8

welcomes the opening of negotiations on a Stabilisation and Association Agreement with Montenegro on 26 September 2006;

| 1.1.9 | observes that the Western Balkan countries have very different political and administrative structures and traditions — also in part at local and regional level — and display great diversity in development; these factors must be adequately considered in the transformation, stabilisation and democratisation process; |
| --- | --- |

1.1.9

observes that the Western Balkan countries have very different political and administrative structures and traditions — also in part at local and regional level — and display great diversity in development; these factors must be adequately considered in the transformation, stabilisation and democratisation process;

| 1.1.10 | acknowledges the work programme drawn up by Croatia, as chair-in-office of the South-East Europe Cooperation Process (SEECP), for the period May 2006 to May 2007, the success of which ultimately depends on the constructive cooperation of the countries of south-east Europe and which represents an important step towards the realisation of the European perspective of this region. |
| --- | --- |

1.1.10

acknowledges the work programme drawn up by Croatia, as chair-in-office of the South-East Europe Cooperation Process (SEECP), for the period May 2006 to May 2007, the success of which ultimately depends on the constructive cooperation of the countries of south-east Europe and which represents an important step towards the realisation of the European perspective of this region.

1.2   Prospects for enlargement

| 1.2.1 | underlines the European perspective of the Western Balkan countries with the ultimate goal of EU membership; the current debate on the prospects for enlargement thus does not apply to these countries; the pace of enlargement must reflect the capacity of the EU to absorb new Member States; |
| --- | --- |

1.2.1

underlines the European perspective of the Western Balkan countries with the ultimate goal of EU membership; the current debate on the prospects for enlargement thus does not apply to these countries; the pace of enlargement must reflect the capacity of the EU to absorb new Member States;

| 1.2.2 | recognises the importance, richness and value that the Western Balkans, the individual countries and peoples, will bring to the whole of the European Union; |
| --- | --- |

1.2.2

recognises the importance, richness and value that the Western Balkans, the individual countries and peoples, will bring to the whole of the European Union;

| 1.2.3 | reiterates its view that a debate has to be conducted on the objectives and limits of the European Union, including possible forms of cooperation with neighbouring states (e.g. neighbourhood policy or privileged partnership). This means giving those states which are not at present being offered the prospect of accession proposals for a clearly defined European economic, political and strategic relationship as part of a strategy of encouragement involving step-by-step integration into the political and economic structures of Europe; |
| --- | --- |

1.2.3

reiterates its view that a debate has to be conducted on the objectives and limits of the European Union, including possible forms of cooperation with neighbouring states (e.g. neighbourhood policy or privileged partnership). This means giving those states which are not at present being offered the prospect of accession proposals for a clearly defined European economic, political and strategic relationship as part of a strategy of encouragement involving step-by-step integration into the political and economic structures of Europe;

| 1.2.4 | supports the European Parliament's request that the Commission draw up a report by 31 December 2006 on the absorption capacity, character and geographical limits of the European Union and expresses it willingness to make its contribution to the own-initiative report which the European Parliament intends to draw up on the subject; |
| --- | --- |

1.2.4

supports the European Parliament's request that the Commission draw up a report by 31 December 2006 on the absorption capacity, character and geographical limits of the European Union and expresses it willingness to make its contribution to the own-initiative report which the European Parliament intends to draw up on the subject;

| 1.2.5 | stresses the importance of public support for the enlargement process in both the acceding state as well as in the current EU, but stresses that this should not be made an additional criterion for accession. |
| --- | --- |

1.2.5

stresses the importance of public support for the enlargement process in both the acceding state as well as in the current EU, but stresses that this should not be made an additional criterion for accession.

2.   The Committee of the Regions' recommendations

The Committee of the Regions

2.1   Stable local and regional democracy; pluralist society

| 2.1.1 | stresses that establishing democratically legitimised political institutions with the necessary funding and efficient administrations at local and regional level is one key to lasting stability; such institutions guarantee that the principles of subsidiarity, local responsiveness and partnership, as well as human rights and fundamental freedoms, are applied in citizens' daily lives; |
| --- | --- |

2.1.1

stresses that establishing democratically legitimised political institutions with the necessary funding and efficient administrations at local and regional level is one key to lasting stability; such institutions guarantee that the principles of subsidiarity, local responsiveness and partnership, as well as human rights and fundamental freedoms, are applied in citizens' daily lives;

| 2.1.2 | emphasises that Stabilisation and Association Agreements in preparation for future EU membership can succeed in the long term only with strong involvement of local and regional authorities; |
| --- | --- |

2.1.2

emphasises that Stabilisation and Association Agreements in preparation for future EU membership can succeed in the long term only with strong involvement of local and regional authorities;

| 2.1.3 | recommends that the Western Balkan countries sign or ratify the European Framework Convention on Transfrontier Cooperation between Territorial Communities or Authorities, the European Charter for Regional or Minority Languages, and the European Charter of Local Self Government (3) and ensure their application; the same also goes for the Framework Convention for the Protection of National Minorities; |
| --- | --- |

2.1.3

recommends that the Western Balkan countries sign or ratify the European Framework Convention on Transfrontier Cooperation between Territorial Communities or Authorities, the European Charter for Regional or Minority Languages, and the European Charter of Local Self Government (3) and ensure their application; the same also goes for the Framework Convention for the Protection of National Minorities;

| 2.1.4 | urges the Western Balkan countries to follow up the commitments they undertook at the SEE regional ministerial conference on effective democratic governance at local and regional level (Zagreb, 24-25 October 2004) and prepare for the follow-up conference to be held in Skopje (‘the former Yugoslav republic of Macedonia’) on 8-9 November 2006, under the auspices of the Stability pact for South-eastern Europe and the Council of Europe; |
| --- | --- |

2.1.4

urges the Western Balkan countries to follow up the commitments they undertook at the SEE regional ministerial conference on effective democratic governance at local and regional level (Zagreb, 24-25 October 2004) and prepare for the follow-up conference to be held in Skopje (‘the former Yugoslav republic of Macedonia’) on 8-9 November 2006, under the auspices of the Stability pact for South-eastern Europe and the Council of Europe;

| 2.1.5 | calls on the Western Balkan countries, in line with the subsidiarity principle, to strengthen their sub-national spheres of government, creating the necessary legal framework for doing so, and to provide regions and municipalities with the requisite resources to exercise their extended responsibilities; |
| --- | --- |

2.1.5

calls on the Western Balkan countries, in line with the subsidiarity principle, to strengthen their sub-national spheres of government, creating the necessary legal framework for doing so, and to provide regions and municipalities with the requisite resources to exercise their extended responsibilities;

| 2.1.6 | calls on government and associations of regions and local authorities in the Western Balkan region to work together and develop the ‘capacity building’ initiatives and programmes necessary for regions and local authorities to effectively perform their functions; praises the initiative taken by the Council of Europe to establish a Centre of Expertise for Local Government Reform and invites the Commission to consider the possibility of establishing partnerships with this Centre in order to implement effectively its assistance programmes; |
| --- | --- |

2.1.6

calls on government and associations of regions and local authorities in the Western Balkan region to work together and develop the ‘capacity building’ initiatives and programmes necessary for regions and local authorities to effectively perform their functions; praises the initiative taken by the Council of Europe to establish a Centre of Expertise for Local Government Reform and invites the Commission to consider the possibility of establishing partnerships with this Centre in order to implement effectively its assistance programmes;

| 2.1.7 | recommends facilitating and promoting the involvement of all ethnic and population groups, and especially minorities (non-majority population groups), in public life and in all political bodies and administrative systems, as well as public enterprises and calls for dialogue and cooperation between communities, especially in areas where the population is mixed, to be stepped up and for medium-term strategic plans to be drawn up and implemented to this end; |
| --- | --- |

2.1.7

recommends facilitating and promoting the involvement of all ethnic and population groups, and especially minorities (non-majority population groups), in public life and in all political bodies and administrative systems, as well as public enterprises and calls for dialogue and cooperation between communities, especially in areas where the population is mixed, to be stepped up and for medium-term strategic plans to be drawn up and implemented to this end;

| 2.1.8 | recommends drawing on the experience of regions in the Member States with their policies on respect for human rights and protection of minority rights; only a legal basis and policies that have a local impact and are accepted and supported by the local population will be viable over the long term; |
| --- | --- |

2.1.8

recommends drawing on the experience of regions in the Member States with their policies on respect for human rights and protection of minority rights; only a legal basis and policies that have a local impact and are accepted and supported by the local population will be viable over the long term;

| 2.1.9 | sees the EU accession process as a major incentive for the acceptance of the coexistence of different ethnic groups; points out that the solution of ethnic issues requires special treatment in view of the complex legal situation and disparate patterns of geographical settlement; |
| --- | --- |

2.1.9

sees the EU accession process as a major incentive for the acceptance of the coexistence of different ethnic groups; points out that the solution of ethnic issues requires special treatment in view of the complex legal situation and disparate patterns of geographical settlement;

| 2.1.10 | considers it essential in order to ensure the sustainable use of resources invested by the European Union, that the regions, local authorities and their associations in the Western Balkan countries are involved in framing and implementing all Community programmes and are made (co-)responsible, in accordance with their administrative capacity; notes that the Union has already provided funding to support political and economic reforms to the tune of some EUR 5.4 billion for the period 2000-2006; stresses the importance of continuing financial support for the consolidation and continuation of partnerships, with measures for capacity-building primarily via the pre-accession instrument, and expects these instruments to be appropriately funded for the Western Balkan countries in the coming financing period 2007-2013; |
| --- | --- |

2.1.10

considers it essential in order to ensure the sustainable use of resources invested by the European Union, that the regions, local authorities and their associations in the Western Balkan countries are involved in framing and implementing all Community programmes and are made (co-)responsible, in accordance with their administrative capacity; notes that the Union has already provided funding to support political and economic reforms to the tune of some EUR 5.4 billion for the period 2000-2006; stresses the importance of continuing financial support for the consolidation and continuation of partnerships, with measures for capacity-building primarily via the pre-accession instrument, and expects these instruments to be appropriately funded for the Western Balkan countries in the coming financing period 2007-2013;

| 2.1.11 | advocates promoting dialogue between the representatives of local and regional authorities of the Western Balkans with the CoR; reaffirms its willingness to make a specific contribution to building institutions and strengthening administrative capacity for national associations of the regions and local authorities, for instance in joint consultative committees for the countries that have the prospect of accession; believes it is important to meet the wish of the regions and local authorities of the Western Balkans for information about governance, policy advice and technical support from the Member States; |
| --- | --- |

2.1.11

advocates promoting dialogue between the representatives of local and regional authorities of the Western Balkans with the CoR; reaffirms its willingness to make a specific contribution to building institutions and strengthening administrative capacity for national associations of the regions and local authorities, for instance in joint consultative committees for the countries that have the prospect of accession; believes it is important to meet the wish of the regions and local authorities of the Western Balkans for information about governance, policy advice and technical support from the Member States;

| 2.1.12 | calls for involvement of the CoR and regions in the Member States, and of educational bodies (4) and European regional organisations, such as the Association of European Border Regions, with appropriate experience in setting up the regional School for Higher Education in Public Administration Reform (cf. COM(2006) 27, p. 11); recommends that training programmes cover subjects such as decentralisation and regionalisation, setting up and running regional and local authorities, cross-border and interregional cooperation and diversity management; |
| --- | --- |

2.1.12

calls for involvement of the CoR and regions in the Member States, and of educational bodies (4) and European regional organisations, such as the Association of European Border Regions, with appropriate experience in setting up the regional School for Higher Education in Public Administration Reform (cf. COM(2006) 27, p. 11); recommends that training programmes cover subjects such as decentralisation and regionalisation, setting up and running regional and local authorities, cross-border and interregional cooperation and diversity management;

| 2.1.13 | welcomes the outcome of the meeting of the Stability Pact's Regional Table held in Belgrade on 30 May 2006, at which the participants agreed to take ownership of a new cooperation framework operated by the region itself; declares its readiness to participate in the work of the Regional Cooperation Council (RCC), to be established in 2008, as the successor to the Stability Pact, and to bring to bear in this council the experience gained at regional and local level. |
| --- | --- |

2.1.13

welcomes the outcome of the meeting of the Stability Pact's Regional Table held in Belgrade on 30 May 2006, at which the participants agreed to take ownership of a new cooperation framework operated by the region itself; declares its readiness to participate in the work of the Regional Cooperation Council (RCC), to be established in 2008, as the successor to the Stability Pact, and to bring to bear in this council the experience gained at regional and local level.

2.2   Cross-border and interregional cooperation

| 2.2.1 | believes that political, cultural, social and economic cross-border cooperation between the regions and municipalities of the Western Balkan countries not only helps stimulate local and national economies, but is also a concrete way to improve mutual understanding and trust in the region and help to avert ethnic conflicts; |
| --- | --- |

2.2.1

believes that political, cultural, social and economic cross-border cooperation between the regions and municipalities of the Western Balkan countries not only helps stimulate local and national economies, but is also a concrete way to improve mutual understanding and trust in the region and help to avert ethnic conflicts;

| 2.2.2 | calls on local and regional authorities in the European Union to provide local and regional politicians and authorities in the Western Balkan countries with more information about practical experience in the framework of twinning projects, exchange programmes and seminars (5). The experiences of the local and regional authorities in the countries which joined the EU in 2004 are also particularly valuable here; asks the Commission to provide more information through national contact points to the local and regional authorities of the Member States on existing twinning projects in the European Union; |
| --- | --- |

2.2.2

calls on local and regional authorities in the European Union to provide local and regional politicians and authorities in the Western Balkan countries with more information about practical experience in the framework of twinning projects, exchange programmes and seminars (5). The experiences of the local and regional authorities in the countries which joined the EU in 2004 are also particularly valuable here; asks the Commission to provide more information through national contact points to the local and regional authorities of the Member States on existing twinning projects in the European Union;

| 2.2.3 | recommends that the results of exchanging experience be used for specific capacity-building at meetings between representatives of regional and municipal associations, local and regional elected representatives, administrators and academics from the EU and the Western Balkans countries, and refers to the local democracy manual (‘Toolkit of Local Government Capacity-Building Programmes’) compiled by the Council of Europe in September 2005 (6) and the Handbook on cross-border cooperation, drawn up by the Association of European Border Regions (AEBR) and published by the European Commission in nine languages; |
| --- | --- |

2.2.3

recommends that the results of exchanging experience be used for specific capacity-building at meetings between representatives of regional and municipal associations, local and regional elected representatives, administrators and academics from the EU and the Western Balkans countries, and refers to the local democracy manual (‘Toolkit of Local Government Capacity-Building Programmes’) compiled by the Council of Europe in September 2005 (6) and the Handbook on cross-border cooperation, drawn up by the Association of European Border Regions (AEBR) and published by the European Commission in nine languages;

| 2.2.4 | calls for the Technical Assistance Information Exchange Instrument (TAIEX), which began operating in the region in 2004, not to limit its services to central government administrations and business associations, but to extend them more to regions, local authorities and their associations; |
| --- | --- |

2.2.4

calls for the Technical Assistance Information Exchange Instrument (TAIEX), which began operating in the region in 2004, not to limit its services to central government administrations and business associations, but to extend them more to regions, local authorities and their associations;

| 2.2.5 | draws attention to the responsibility of the regions and local authorities of the Western Balkan countries in relation to return of expellees and their accommodation, education, employment and integration; considers it necessary to strengthen interregional cooperation in this sphere and to draw on the experience of other countries, regions and local authorities; |
| --- | --- |

2.2.5

draws attention to the responsibility of the regions and local authorities of the Western Balkan countries in relation to return of expellees and their accommodation, education, employment and integration; considers it necessary to strengthen interregional cooperation in this sphere and to draw on the experience of other countries, regions and local authorities;

| 2.2.6 | regards the forthcoming establishment of a local border traffic regime at the external orders of the Member States as promising (COM(2005) 56, 23.2.2005) and recommends that corresponding arrangements be made between the Balkan countries (7) with the involvement of the Council of Europe (8); |
| --- | --- |

2.2.6

regards the forthcoming establishment of a local border traffic regime at the external orders of the Member States as promising (COM(2005) 56, 23.2.2005) and recommends that corresponding arrangements be made between the Balkan countries (7) with the involvement of the Council of Europe (8);

| 2.2.7 | suggests that the Commission should draw on the experience of CoR members, as well as national and European associations of regions and local authorities, to promote regional, municipal and urban partnerships; |
| --- | --- |

2.2.7

suggests that the Commission should draw on the experience of CoR members, as well as national and European associations of regions and local authorities, to promote regional, municipal and urban partnerships;

| 2.2.8 | sees cross-border cooperation as a modern instrument for the protection of minorities and refers to Article 17 of the Framework Convention for the Protection of National Minorities. |
| --- | --- |

2.2.8

sees cross-border cooperation as a modern instrument for the protection of minorities and refers to Article 17 of the Framework Convention for the Protection of National Minorities.

2.3   Economy and employment

| 2.3.1 | considers it appropriate that, when implementing economic reforms, the European institutions should pay particular attention to combating unemployment, social exclusion and discrimination, and to promoting social dialogue, since economic and social policy issues (weak economies, high unemployment, inadequate social cohesion) must be addressed at the same time as political reform; |
| --- | --- |

2.3.1

considers it appropriate that, when implementing economic reforms, the European institutions should pay particular attention to combating unemployment, social exclusion and discrimination, and to promoting social dialogue, since economic and social policy issues (weak economies, high unemployment, inadequate social cohesion) must be addressed at the same time as political reform;

| 2.3.2 | in this context considers it essential to develop and implement, with the involvement of the regions and local authorities, regional economic and employment concepts in the Western Balkan countries that aim to achieve sustainable economic regeneration and create local employment and cross-border links; |
| --- | --- |

2.3.2

in this context considers it essential to develop and implement, with the involvement of the regions and local authorities, regional economic and employment concepts in the Western Balkan countries that aim to achieve sustainable economic regeneration and create local employment and cross-border links;

| 2.3.3 | recommends, in accordance with the remits of regional and municipal authorities, and drawing on successful initiatives already implemented in the area, that advice centres be further developed, or set up where they do not already exist, to provide basic information about businesses and business and to promote entrepreneurship mainly among people at a young age (SEC(2006) 283), in order to develop viable small and medium-sized business structures, which make an important contribution to employment; |
| --- | --- |

2.3.3

recommends, in accordance with the remits of regional and municipal authorities, and drawing on successful initiatives already implemented in the area, that advice centres be further developed, or set up where they do not already exist, to provide basic information about businesses and business and to promote entrepreneurship mainly among people at a young age (SEC(2006) 283), in order to develop viable small and medium-sized business structures, which make an important contribution to employment;

| 2.3.4 | calls for support to be provided to local and regional authorities to improve electronic communications and electronic access to business information (advice, applications, legal and tax information), in order to help develop the local and regional economic system; |
| --- | --- |

2.3.4

calls for support to be provided to local and regional authorities to improve electronic communications and electronic access to business information (advice, applications, legal and tax information), in order to help develop the local and regional economic system;

| 2.3.5 | suggests that information and business promotion systems at local and regional level should be further developed; proposes that the problem of the brain drain be countered by setting up regional platforms for both R&D and education and training in order to provide prospects for the future. |
| --- | --- |

2.3.5

suggests that information and business promotion systems at local and regional level should be further developed; proposes that the problem of the brain drain be countered by setting up regional platforms for both R&D and education and training in order to provide prospects for the future.

2.4   Education and culture

| 2.4.1 | advocates building on the experience of the TEMPUS programme, which in 2001-2005 was financed with a budget totalling EUR 83 million for measures in the Western Balkans and which each year offered up to 250 students and more than 1 000 teachers the opportunity to study in other countries and to participate in further training, as well as continuing to increase the opportunities for participation in the Youth programme, also in rural areas; |
| --- | --- |

2.4.1

advocates building on the experience of the TEMPUS programme, which in 2001-2005 was financed with a budget totalling EUR 83 million for measures in the Western Balkans and which each year offered up to 250 students and more than 1 000 teachers the opportunity to study in other countries and to participate in further training, as well as continuing to increase the opportunities for participation in the Youth programme, also in rural areas;

| 2.4.2 | recommends that the Commission create a special window in Erasmus Mundus to allow the region's students to take European Master's degree courses, especially ones that include international classes and periods of work experience; in its view, this approach encourages mutual cultural understanding and the development of economic relations; |
| --- | --- |

2.4.2

recommends that the Commission create a special window in Erasmus Mundus to allow the region's students to take European Master's degree courses, especially ones that include international classes and periods of work experience; in its view, this approach encourages mutual cultural understanding and the development of economic relations;

| 2.4.3 | believes it important that there is a two-way learning process. It is not only the citizens in the countries making up the Western Balkans who should benefit from the possibilities of studying in EU countries, but EU citizens should also be encouraged to study in the Western Balkan countries; |
| --- | --- |

2.4.3

believes it important that there is a two-way learning process. It is not only the citizens in the countries making up the Western Balkans who should benefit from the possibilities of studying in EU countries, but EU citizens should also be encouraged to study in the Western Balkan countries;

| 2.4.4 | considers it necessary to put into effect the planned relaxation of the conditions for allowing students and teachers to spend time in the Member States and to offer the younger generation a European perspective; refers to the planned facilitation of visas, particularly for students; |
| --- | --- |

2.4.4

considers it necessary to put into effect the planned relaxation of the conditions for allowing students and teachers to spend time in the Member States and to offer the younger generation a European perspective; refers to the planned facilitation of visas, particularly for students;

| 2.4.5 | calls on the Commission to involve regional and local authorities in designing, planning and implementing the restoration and renovation of monuments and cultural heritage sites; |
| --- | --- |

2.4.5

calls on the Commission to involve regional and local authorities in designing, planning and implementing the restoration and renovation of monuments and cultural heritage sites;

| 2.4.6 | points to the potential for cultural tourism in this region as an instrument for economic development, and therefore encourages current efforts to preserve both structural and cultural heritage, including in rural areas; |
| --- | --- |

2.4.6

points to the potential for cultural tourism in this region as an instrument for economic development, and therefore encourages current efforts to preserve both structural and cultural heritage, including in rural areas;

| 2.4.7 | stresses the important role of cooperation in the areas of art and culture for the long-term stabilisation of the Western Balkan countries and their integration into EU art and cultural cooperation projects; |
| --- | --- |

2.4.7

stresses the important role of cooperation in the areas of art and culture for the long-term stabilisation of the Western Balkan countries and their integration into EU art and cultural cooperation projects;

| 2.4.8 | wishes to initiate consideration of the idea of establishing an electronic portal for the Balkans which would provide an additional platform for dialogue and cooperation, especially for young people, in the Western Balkans. Such a portal could promote not only education and training but also direct social and cultural exchanges. |
| --- | --- |

2.4.8

wishes to initiate consideration of the idea of establishing an electronic portal for the Balkans which would provide an additional platform for dialogue and cooperation, especially for young people, in the Western Balkans. Such a portal could promote not only education and training but also direct social and cultural exchanges.

2.5   Miscellaneous policy areas

| 2.5.1 | reminds the local and regional authorities of their responsibility for the award of permits in key tourist areas, e.g. with a view to the sustainable future development of high-quality eco-tourism; |
| --- | --- |

2.5.1

reminds the local and regional authorities of their responsibility for the award of permits in key tourist areas, e.g. with a view to the sustainable future development of high-quality eco-tourism;

| 2.5.2 | calls on the Commission when applying the Instrument for Pre-Accession Assistance (IPA), which replaces the existing pre-accession regulations and the CARDS Regulation (9), to bear in mind the evaluation of the CARDS programme, which explicitly recommends more decentralised planning and management of the programme. The regional dimension of CARDS is relatively weak; strategic leadership is lacking and local partners see the programme as difficult to access. This criticism must be taken into account in further developments in this area in respect of the Western Balkans; |
| --- | --- |

2.5.2

calls on the Commission when applying the Instrument for Pre-Accession Assistance (IPA), which replaces the existing pre-accession regulations and the CARDS Regulation (9), to bear in mind the evaluation of the CARDS programme, which explicitly recommends more decentralised planning and management of the programme. The regional dimension of CARDS is relatively weak; strategic leadership is lacking and local partners see the programme as difficult to access. This criticism must be taken into account in further developments in this area in respect of the Western Balkans;

| 2.5.3 | calls on the Western Balkan countries to incorporate the Lisbon objectives as updated by the European Council of 23 and 24 March 2006 into their reforms and to involve the regional and municipal level in planning and implementation; calls for comprehensive strategic plans to be drawn up for regional development; |
| --- | --- |

2.5.3

calls on the Western Balkan countries to incorporate the Lisbon objectives as updated by the European Council of 23 and 24 March 2006 into their reforms and to involve the regional and municipal level in planning and implementation; calls for comprehensive strategic plans to be drawn up for regional development;

| 2.5.4 | proposes that the national authorities responsible for environmental issues (which are often regional and local authorities) should be involved in the main activities of the European Environment Agency, which from 2006 will provide support for these countries' programmes through selected Community instruments under PHARE and CARDS 2005. |
| --- | --- |

2.5.4

proposes that the national authorities responsible for environmental issues (which are often regional and local authorities) should be involved in the main activities of the European Environment Agency, which from 2006 will provide support for these countries' programmes through selected Community instruments under PHARE and CARDS 2005.

2.6   Information and communication

| 2.6.1 | points to the need to take due account of the EU's absorption capacity throughout the negotiations, while stressing that this is not a new accession criterion, and to judge progress made on the basis of transparent criteria and not according to political considerations; urges that an honest approach be adopted to public expectations in the EU Member States and the European partner countries; |
| --- | --- |

2.6.1

points to the need to take due account of the EU's absorption capacity throughout the negotiations, while stressing that this is not a new accession criterion, and to judge progress made on the basis of transparent criteria and not according to political considerations; urges that an honest approach be adopted to public expectations in the EU Member States and the European partner countries;

| 2.6.2 | calls on the Member States and the European institutions to keep citizens abreast of the negotiations through a more intensive communication effort about the enlargement process than that mounted for Romania and Bulgaria (which was overshadowed by the debate about the constitution in the European Convention), and to involve regional and local authorities (via the CoR) in planning and implementing information concepts and measures, since these authorities are closest to citizens and have contacts with local and regional media; |
| --- | --- |

2.6.2

calls on the Member States and the European institutions to keep citizens abreast of the negotiations through a more intensive communication effort about the enlargement process than that mounted for Romania and Bulgaria (which was overshadowed by the debate about the constitution in the European Convention), and to involve regional and local authorities (via the CoR) in planning and implementing information concepts and measures, since these authorities are closest to citizens and have contacts with local and regional media;

| 2.6.3 | points to the need for the Community institutions and the Western Balkan countries to inform the general public better about the objectives, issues and requirements for both sides in the integration process, in order to avoid that process being seen as something imposed from ‘outside’ or ‘above’, and points again to the important role played by regional and local authorities in all communication measures; |
| --- | --- |

2.6.3

points to the need for the Community institutions and the Western Balkan countries to inform the general public better about the objectives, issues and requirements for both sides in the integration process, in order to avoid that process being seen as something imposed from ‘outside’ or ‘above’, and points again to the important role played by regional and local authorities in all communication measures;

| 2.6.4 | favours the expansion of civil society dialogue — which must take place through free, independent and professional media — to include the Western Balkans; suggests that the Western Balkans countries should, as soon as possible, be allowed to take part in the Community action programme to promote organisations involved in active European citizenship (civic participation). |
| --- | --- |

2.6.4

favours the expansion of civil society dialogue — which must take place through free, independent and professional media — to include the Western Balkans; suggests that the Western Balkans countries should, as soon as possible, be allowed to take part in the Community action programme to promote organisations involved in active European citizenship (civic participation).

2.7   Albania

| 2.7.1 | endorses the Commission's proposal not to limit Albania's Action Plan on the Prevention of and Fight against Corruption to national authorities, but to extend it to include local and regional authorities (SEC(2005) 1421, p. 16); |
| --- | --- |

2.7.1

endorses the Commission's proposal not to limit Albania's Action Plan on the Prevention of and Fight against Corruption to national authorities, but to extend it to include local and regional authorities (SEC(2005) 1421, p. 16);

| 2.7.2 | suggests stepping up interregional and cross-border cooperation with neighbouring regions in the EU countries; |
| --- | --- |

2.7.2

suggests stepping up interregional and cross-border cooperation with neighbouring regions in the EU countries;

| 2.7.3 | supports the European Parliament's call to strengthen anti-corruption measures, guaranteed media freedom and voting rights that meet European standards. |
| --- | --- |

2.7.3

supports the European Parliament's call to strengthen anti-corruption measures, guaranteed media freedom and voting rights that meet European standards.

2.8   Bosnia and Herzegovina

| 2.8.1 | is pleased to note that Bosnia and Herzegovina have regional authorities with a specific remit which play an important role in addressing ethnic problems; points out that, in a strongly regionalised state without a political tradition or culture of decentralisation, it is necessary to improve the financing and efficiency of structures; |
| --- | --- |

2.8.1

is pleased to note that Bosnia and Herzegovina have regional authorities with a specific remit which play an important role in addressing ethnic problems; points out that, in a strongly regionalised state without a political tradition or culture of decentralisation, it is necessary to improve the financing and efficiency of structures;

| 2.8.2 | considers a constitutional reform to improve government institutions to be necessary, and trusts that the conditions will be established for proper conduct of the elections planned for October 2006; |
| --- | --- |

2.8.2

considers a constitutional reform to improve government institutions to be necessary, and trusts that the conditions will be established for proper conduct of the elections planned for October 2006;

| 2.8.3 | points to the experience and knowledge of regional representatives in federal countries (e.g. Belgium) in improving the legal framework and procedural relations between the national state and its various sub-units (entities and cantons), and believes that innovative solutions are needed; |
| --- | --- |

2.8.3

points to the experience and knowledge of regional representatives in federal countries (e.g. Belgium) in improving the legal framework and procedural relations between the national state and its various sub-units (entities and cantons), and believes that innovative solutions are needed;

| 2.8.4 | welcomes the extension of regular economic policy discussions to include Bosnia and Herzegovina; |
| --- | --- |

2.8.4

welcomes the extension of regular economic policy discussions to include Bosnia and Herzegovina;

| 2.8.5 | calls for support to be provided to promote the integration of refugees and expellees in the cities and municipalities; see the readmission agreement of 31 January 2005 between Croatia, Bosnia and Herzegovina, and Serbia and Montenegro. |
| --- | --- |

2.8.5

calls for support to be provided to promote the integration of refugees and expellees in the cities and municipalities; see the readmission agreement of 31 January 2005 between Croatia, Bosnia and Herzegovina, and Serbia and Montenegro.

2.9   Serbia

| 2.9.1 | regrets that, in the course of adopting a new Serbian constitution, the opportunity was not taken to consolidate the decentralisation process and believes that further strengthening of autonomy would also improve cohesion in the country as a whole; |
| --- | --- |

2.9.1

regrets that, in the course of adopting a new Serbian constitution, the opportunity was not taken to consolidate the decentralisation process and believes that further strengthening of autonomy would also improve cohesion in the country as a whole;

| 2.9.2 | highlights the importance of the multi-ethnic nature of the autonomous province of Vojvodina and welcomes the spirit of mutual trust and tolerance that holds sway there, and the practice of involving the various national groups in political decision-making; |
| --- | --- |

2.9.2

highlights the importance of the multi-ethnic nature of the autonomous province of Vojvodina and welcomes the spirit of mutual trust and tolerance that holds sway there, and the practice of involving the various national groups in political decision-making;

| 2.9.3 | welcomes the numerous activities of the autonomous province of Vojvodina in the field of cross-border, regional and interregional cooperation along the lines of the European integration process, and thus advocates the greater involvement of the regional and local authorities in further SAA negotiations; |
| --- | --- |

2.9.3

welcomes the numerous activities of the autonomous province of Vojvodina in the field of cross-border, regional and interregional cooperation along the lines of the European integration process, and thus advocates the greater involvement of the regional and local authorities in further SAA negotiations;

| 2.9.4 | urgently recommends local government reform to consolidate the local political institutions and administrations and to equip them with the requisite resources since, alongside the strengthening of the regional level, this reflects the principles of subsidiarity, local responsiveness and partnership and relieves some of the strain on the national state; |
| --- | --- |

2.9.4

urgently recommends local government reform to consolidate the local political institutions and administrations and to equip them with the requisite resources since, alongside the strengthening of the regional level, this reflects the principles of subsidiarity, local responsiveness and partnership and relieves some of the strain on the national state;

| 2.9.5 | expects that Serbia will, with all possible speed, sign the European Framework Convention on Transfrontier Cooperation and ratify the European Charter of Local Self-Government; |
| --- | --- |

2.9.5

expects that Serbia will, with all possible speed, sign the European Framework Convention on Transfrontier Cooperation and ratify the European Charter of Local Self-Government;

| 2.9.6 | encourages the authorities of Serbia to establish a basis for continuing the SAA negotiations through cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague. |
| --- | --- |

2.9.6

encourages the authorities of Serbia to establish a basis for continuing the SAA negotiations through cooperation with the International Criminal Tribunal for the Former Yugoslavia (ICTY) in The Hague.

2.10   Kosovo

| 2.10.1 | believes real reconciliation can only be achieved by a settlement of the issue of Kosovo's status that involves a European perspective and a permanent solution as regards the rights of citizens of different nationalities; expects the direct discussions (10) being conducted in Vienna under the aegis of the United Nations to be concluded by the end of 2006; |
| --- | --- |

2.10.1

believes real reconciliation can only be achieved by a settlement of the issue of Kosovo's status that involves a European perspective and a permanent solution as regards the rights of citizens of different nationalities; expects the direct discussions (10) being conducted in Vienna under the aegis of the United Nations to be concluded by the end of 2006;

| 2.10.2 | expects effective implementation of constitutional provisions at local level on an efficient model of decentralisation providing long-term safeguards for the rights of minorities and ethnic groups, an improvement in the very unsatisfactory situation as regards the rule of law and legal certainty, better political representation of minorities, and enhanced protection of minorities (minority languages); |
| --- | --- |

2.10.2

expects effective implementation of constitutional provisions at local level on an efficient model of decentralisation providing long-term safeguards for the rights of minorities and ethnic groups, an improvement in the very unsatisfactory situation as regards the rule of law and legal certainty, better political representation of minorities, and enhanced protection of minorities (minority languages);

| 2.10.3 | urges that relations between Kosovo Serbs and Kosovo Albanians be improved, that all groups be involved in democratic and administrative life, and that protection of minorities be ensured; |
| --- | --- |

2.10.3

urges that relations between Kosovo Serbs and Kosovo Albanians be improved, that all groups be involved in democratic and administrative life, and that protection of minorities be ensured;

| 2.10.4 | considers it essential to strengthen administrative capacity at local level, especially as regards devising economic development strategies and combating organised crime and financial crime (COM(2005) 561, p. 28); |
| --- | --- |

2.10.4

considers it essential to strengthen administrative capacity at local level, especially as regards devising economic development strategies and combating organised crime and financial crime (COM(2005) 561, p. 28);

| 2.10.5 | regards improving public services for all local authorities as particularly important in order to avoid the development or entrenchment of ‘parallel structures’. |
| --- | --- |

2.10.5

regards improving public services for all local authorities as particularly important in order to avoid the development or entrenchment of ‘parallel structures’.

2.11   Montenegro

| 2.11.1 | expects the result of the referendum of 21 May 2006 to be recognised by all sides; calls on all the parties involved to conduct a constructive dialogue on coexistence; |
| --- | --- |

2.11.1

expects the result of the referendum of 21 May 2006 to be recognised by all sides; calls on all the parties involved to conduct a constructive dialogue on coexistence;

| 2.11.2 | welcomes the fact that the referendum on Montenegrin independence of 21 May 2006 was conducted democratically, transparently and correctly, in accordance with European and international standards, as unreservedly confirmed by representatives of the Committee of the Regions, acting for the first time as referendum observers; |
| --- | --- |

2.11.2

welcomes the fact that the referendum on Montenegrin independence of 21 May 2006 was conducted democratically, transparently and correctly, in accordance with European and international standards, as unreservedly confirmed by representatives of the Committee of the Regions, acting for the first time as referendum observers;

| 2.11.3 | welcomes the fact that, with their extraordinarily high turnout of 86.5 %, the people of Montenegro demonstrated their democratic responsibility and maturity, thus lending the result a high degree of legitimacy; |
| --- | --- |

2.11.3

welcomes the fact that, with their extraordinarily high turnout of 86.5 %, the people of Montenegro demonstrated their democratic responsibility and maturity, thus lending the result a high degree of legitimacy;

| 2.11.4 | sees the result of the referendum, 55.5 % support for independence, as a call to advocates and opponents of independence to work together closely on the implementation of independence, both internally and between Montenegro and Serbia; |
| --- | --- |

2.11.4

sees the result of the referendum, 55.5 % support for independence, as a call to advocates and opponents of independence to work together closely on the implementation of independence, both internally and between Montenegro and Serbia;

| 2.11.5 | recommends that, in the course of the independence process, the parties abstain from unilateral action and take all the necessary steps in consultation; |
| --- | --- |

2.11.5

recommends that, in the course of the independence process, the parties abstain from unilateral action and take all the necessary steps in consultation;

| 2.11.6 | expects the new state of Montenegro to sign and ratify as soon as possible the European Framework Convention on Cross-border Cooperation, the European Charter for Regional or Minority Languages, the European Charter of Local Self-Government and the Framework Convention for the Protection of National Minorities; |
| --- | --- |

2.11.6

expects the new state of Montenegro to sign and ratify as soon as possible the European Framework Convention on Cross-border Cooperation, the European Charter for Regional or Minority Languages, the European Charter of Local Self-Government and the Framework Convention for the Protection of National Minorities;

| 2.11.7 | recommends that the Montenegrin authorities make a start without delay on drawing up, with Serbia, a model for cross-border regional cooperation at the common frontier (Sandschak), and aim to do the same with the other neighbouring states of Bosnia and Herzegovina and Albania, as well as with the autonomous region of Kosovo; |
| --- | --- |

2.11.7

recommends that the Montenegrin authorities make a start without delay on drawing up, with Serbia, a model for cross-border regional cooperation at the common frontier (Sandschak), and aim to do the same with the other neighbouring states of Bosnia and Herzegovina and Albania, as well as with the autonomous region of Kosovo;

| 2.11.8 | calls on the EU institutions to support the new state on its road to peaceful separation and independence. |
| --- | --- |

2.11.8

calls on the EU institutions to support the new state on its road to peaceful separation and independence.

2.12   Former Yugoslav Republic of Macedonia

| 2.12.1 | welcomes the fact that the Former Yugoslav Republic of Macedonia has been granted candidate status in recognition of progress made in implementing the Ohrid Agreement; urges, however, that the Ohrid Framework Agreement be fully implemented with the support of the international community as a basis for improved stability; |
| --- | --- |

2.12.1

welcomes the fact that the Former Yugoslav Republic of Macedonia has been granted candidate status in recognition of progress made in implementing the Ohrid Agreement; urges, however, that the Ohrid Framework Agreement be fully implemented with the support of the international community as a basis for improved stability;

| 2.12.2 | trusts that, following the violence surrounding the recent parliamentary elections, all political forces will establish the necessary conditions to ensure that democratic elections can, in future, be conducted without violence in line with European standards; |
| --- | --- |

2.12.2

trusts that, following the violence surrounding the recent parliamentary elections, all political forces will establish the necessary conditions to ensure that democratic elections can, in future, be conducted without violence in line with European standards;

| 2.12.3 | recommends that local self-government be further strengthened and its financing improved, since this has contributed to enhancing trust between ethnic groups; |
| --- | --- |

2.12.3

recommends that local self-government be further strengthened and its financing improved, since this has contributed to enhancing trust between ethnic groups;

| 2.12.4 | considers strengthening local administrative capacity to be a matter of great urgency, since this is a prerequisite for decentralising tax collection and granting revenue-raising powers to local authorities (financial resources for the municipalities); shares the Commission's concern that the funding sources granted to the municipalities are not sufficient to co-finance future programmes and projects under the Structural and Cohesion Funds, or to meet their environmental obligations (SEC(2005) 1425, p. 125), and urges that environmental protection be allowed, as a horizontal issue, to play a greater role in other policy areas — e.g. spatial planning — that are part of the municipalities' remit; |
| --- | --- |

2.12.4

considers strengthening local administrative capacity to be a matter of great urgency, since this is a prerequisite for decentralising tax collection and granting revenue-raising powers to local authorities (financial resources for the municipalities); shares the Commission's concern that the funding sources granted to the municipalities are not sufficient to co-finance future programmes and projects under the Structural and Cohesion Funds, or to meet their environmental obligations (SEC(2005) 1425, p. 125), and urges that environmental protection be allowed, as a horizontal issue, to play a greater role in other policy areas — e.g. spatial planning — that are part of the municipalities' remit;

| 2.12.5 | supports the Commission's proposal to clarify the arbitration procedure between the municipalities and the State (SEC(2005) 1425, p. 19) and considers regular, structured cooperation between national and local levels to be crucial (SEC(2005) 1425, p. 104); |
| --- | --- |

2.12.5

supports the Commission's proposal to clarify the arbitration procedure between the municipalities and the State (SEC(2005) 1425, p. 19) and considers regular, structured cooperation between national and local levels to be crucial (SEC(2005) 1425, p. 104);

| 2.12.6 | considers it necessary to establish a functioning financial control system with internal revisions as a prerequisite for good governance, to create the capacity to prevent any misappropriation of public money, and to consistently introduce measures to curtail corruption at local level; |
| --- | --- |

2.12.6

considers it necessary to establish a functioning financial control system with internal revisions as a prerequisite for good governance, to create the capacity to prevent any misappropriation of public money, and to consistently introduce measures to curtail corruption at local level;

| 2.12.7 | calls for measures to strengthen rural areas, the economy and agriculture (e.g. establishment of bank branches in rural areas, lease and sale of state-owned agricultural land to farmers), in order to exploit the existing potential for self-sufficiency; |
| --- | --- |

2.12.7

calls for measures to strengthen rural areas, the economy and agriculture (e.g. establishment of bank branches in rural areas, lease and sale of state-owned agricultural land to farmers), in order to exploit the existing potential for self-sufficiency;

| 2.12.8 | hopes to see an early, definitive resolution, satisfactory for all parties, of the name issue, negotiated under the aegis of the UN. |
| --- | --- |

2.12.8

hopes to see an early, definitive resolution, satisfactory for all parties, of the name issue, negotiated under the aegis of the UN.

Brussels, 11 October 2006.

The President

of the Committee of the Regions

Michel DELEBARRE

---

(1)  OJ C 73, 23.3.2004, p. 1.

1

(2)  Brok Report A6-0025/2006.

2

(3)  A summary of the state of ratification can be found on the website of the Council of Europe's Treaty Office:

3

o

http://conventions.coe.int.

(4)  See for example training courses at the Competence Centre for South-Eastern Europe at Graz University (Masters in South-East European Law and European Integration); the Universities of Trento, Regensburg, Budapest and Ljubljana (Joint European Masters in Comparative Local Development); and the European Academy of Bozen, Graz University and EIPA (Masters in European Integration and Regionalism), as well as the postgraduate course in European Integration for the Universities of Belgrade, Nis and Novi Sad, with the participation of the Universities of Como, Frankfurt/Oder, Gorizia, Maribor, Salzburg (Tempus_JEP-190104-2004).

4

(5)  i.e. delegations of experts from national, regional and municipal authorities who pass on what they have learned actually working in the administrations of the Western Balkans countries. This proved very effective during the pre-2004 accession preparations.

5

(6)  Directorate of Cooperation for Local and Regional Democracy.

6

(7)  The Recommendations for cross-border security and cooperation on the future external borders of the EU, taking account of the Schengen Treaty of the Association of European Border Regions are a useful basis for discussion.

7

(8)  The Chisinau Political Declaration of the Committee of Ministers of the Council of Europe of 6 November 2003 called for the conclusion of regional agreements at several levels. The negotiations are well advanced and meet EU requirements.

8

(9)  CARDS: Community Assistance for Reconstruction, Development and Stabilisation.

9

(10)  Based on the ‘guiding principles’ of the Contact Group with the USA, the UK, Germany, France, Italy and the Russian Federation.

10

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| 6.3.2007 | EN | Official Journal of the European Union | C 51/23 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/23

---

Opinion of the Committee of the Regions on the Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy and on the Communication from the Commission — Biomass Action Plan and on the Communication from the Commission — An EU Strategy for Biofuels

(2007/C 51/04)

THE COMMITTEE OF THE REGIONS

Having regard to the Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy COM(2006) 105 final, to the Communication from the Commission — Biomass Action Plan — COM(2005) 628 final, and to the Communication from the Commission — An EU Strategy for Biofuels — COM(2006) 34 final;

Having regard to the decision of the European Commission of 2 December 2005, to consult it under the first paragraph of Article 265 of the Treaty establishing the European Community on the Green Paper — A European Strategy for Sustainable, Competitive and Secure Energy;

Having regard to its Bureau's decision of 16 February 2006 to instruct the Commission for Sustainable Development to draw up an opinion on the subject;

Having regard to its opinion of 16 February 2006 on the Green Paper on energy efficiency or doing more with less — (COM(2005) 265 final) — CdR 216/2005 fin;

Having regard to its opinion of 15 November 2001 on the Green Paper — Towards a European strategy for the security of energy supply — (COM(2000) 769 final) — CdR 38/2001 final (1);

Having regard to its opinion of 17 June 2004 on the Proposal for a Directive of the European Parliament and of the Council on energy end-use efficiency and energy services (COM(2003) 739 final — 2003/0300 (COD)) — CdR 92/2004 fin (2);

Having regard to its draft opinion (CdR 150/2006 rév.1), adopted by the Commission for Sustainable Development on 27 June 2006 (rapporteur: Ms Emilia Müller, Minister for Federal and European Affairs in the Bavarian State Chancellery (DE/EPP));

adopted unanimously the following opinion at its 66th plenary session (meeting of 11 October), held on 11 and 12 October 2006:

1.   The Committee of the Regions' views

The Committee of the Regions

The Green Paper on energy

| 1.1 | welcomes the publication of the Green Paper, which provides an accurate assessment of the current energy situation and indicates ways forward in the direction of a strategy for sustainable, competitive and secure energy supplies for Europe; |
| --- | --- |

1.1

welcomes the publication of the Green Paper, which provides an accurate assessment of the current energy situation and indicates ways forward in the direction of a strategy for sustainable, competitive and secure energy supplies for Europe;

| 1.2 | notes that Europe faces many challenges in the field of energy, such as high and very volatile energy prices; rising global demand for energy; security risks for producer and transit countries and for transport routes; increasing dependence on imports and limited diversification to date of energy sources and supplies; growing environmental impact; and the need for closer integration and networking of national energy markets and for major investments in energy infrastructure; |
| --- | --- |

1.2

notes that Europe faces many challenges in the field of energy, such as high and very volatile energy prices; rising global demand for energy; security risks for producer and transit countries and for transport routes; increasing dependence on imports and limited diversification to date of energy sources and supplies; growing environmental impact; and the need for closer integration and networking of national energy markets and for major investments in energy infrastructure;

| 1.3 | is pleased that the Green Paper is providing the impetus for an intensive debate on energy policy in Europe in response to these challenges and emphasises the importance of a long-term EU energy strategy; |
| --- | --- |

1.3

is pleased that the Green Paper is providing the impetus for an intensive debate on energy policy in Europe in response to these challenges and emphasises the importance of a long-term EU energy strategy;

| 1.4 | stresses that in order to achieve the triple objective of secure energy supplies, competitiveness and environmental protection, it is essential to take into account all policy areas linked to energy, in particular transport, the environment, research and development and external relations; |
| --- | --- |

1.4

stresses that in order to achieve the triple objective of secure energy supplies, competitiveness and environmental protection, it is essential to take into account all policy areas linked to energy, in particular transport, the environment, research and development and external relations;

| 1.5 | welcomes the approach towards a common European energy policy, which develops a partnership between European, national and subnational spheres of government, taking due account of the particular circumstances of individual Member States in accordance with the subsidiarity principle. Coordinated action is vital if Europe is to find a sustainable solution to the problem of energy supply security and conditions; |
| --- | --- |

1.5

welcomes the approach towards a common European energy policy, which develops a partnership between European, national and subnational spheres of government, taking due account of the particular circumstances of individual Member States in accordance with the subsidiarity principle. Coordinated action is vital if Europe is to find a sustainable solution to the problem of energy supply security and conditions;

| 1.6 | points out that stable and inexpensive energy supplies are of vital importance for sustainable development, not least in the regions and local authorities; |
| --- | --- |

1.6

points out that stable and inexpensive energy supplies are of vital importance for sustainable development, not least in the regions and local authorities;

| 1.7 | highlights the role of regional and local authorities as energy producers (e.g. through participation in energy companies) who are dependent on fair competition; |
| --- | --- |

1.7

highlights the role of regional and local authorities as energy producers (e.g. through participation in energy companies) who are dependent on fair competition;

| 1.8 | welcomes the conclusions of the European Council of 23 and 24 March, which envisage efforts to promote the development of regional energy cooperation within the EU and the integration of regional markets into the EU internal market in a bid to ensure ‘the competitiveness of European economies and the affordability of energy supply’; |
| --- | --- |

1.8

welcomes the conclusions of the European Council of 23 and 24 March, which envisage efforts to promote the development of regional energy cooperation within the EU and the integration of regional markets into the EU internal market in a bid to ensure ‘the competitiveness of European economies and the affordability of energy supply’;

| 1.9 | underscores the need to diversify external and internal sources of energy, in order to reduce the EU's dependence on energy imports and on individual suppliers, thus securing sustainable energy supply; |
| --- | --- |

1.9

underscores the need to diversify external and internal sources of energy, in order to reduce the EU's dependence on energy imports and on individual suppliers, thus securing sustainable energy supply;

| 1.10 | stresses that, in keeping with the subsidiarity principle, the choice of energy mix must remain with the Member States; |
| --- | --- |

1.10

stresses that, in keeping with the subsidiarity principle, the choice of energy mix must remain with the Member States;

| 1.11 | advocates an increase in the share of renewable energies with low or zero greenhouse gas emissions in the Member States' energy mix, in order to combat climate change; |
| --- | --- |

1.11

advocates an increase in the share of renewable energies with low or zero greenhouse gas emissions in the Member States' energy mix, in order to combat climate change;

| 1.12 | notes that efforts to diversify the energy mix have overlooked hydropower, a very effective and efficient energy source which is often used by regional and municipal energy producers and suppliers, as well as geothermal energy; |
| --- | --- |

1.12

notes that efforts to diversify the energy mix have overlooked hydropower, a very effective and efficient energy source which is often used by regional and municipal energy producers and suppliers, as well as geothermal energy;

| 1.13 | deplores the inadequate transposition of the directives on liberalising the internal gas and electricity market in many Member States; |
| --- | --- |

1.13

deplores the inadequate transposition of the directives on liberalising the internal gas and electricity market in many Member States;

| 1.14 | considers that the Second Internal Market Package must be fully implemented, and an assessment conducted of its impact, before any further legislative steps are taken; |
| --- | --- |

1.14

considers that the Second Internal Market Package must be fully implemented, and an assessment conducted of its impact, before any further legislative steps are taken;

| 1.15 | emphasises the need to create a unified European energy network and therefore considers closer cooperation between national regulators to be an urgent necessity; |
| --- | --- |

1.15

emphasises the need to create a unified European energy network and therefore considers closer cooperation between national regulators to be an urgent necessity;

| 1.16 | rejects the idea of setting up new administrative structures such as a European ‘energy regulator’, as national regulators are capable of achieving the objectives proposed by the Commission and confirmed by the European Council; |
| --- | --- |

1.16

rejects the idea of setting up new administrative structures such as a European ‘energy regulator’, as national regulators are capable of achieving the objectives proposed by the Commission and confirmed by the European Council;

| 1.17 | for the time being, does not feel that there is any need for a new legislative proposal on gas reserves, given that the Directive on the security of gas supplies, which came into force in May 2006, must first be transposed; |
| --- | --- |

1.17

for the time being, does not feel that there is any need for a new legislative proposal on gas reserves, given that the Directive on the security of gas supplies, which came into force in May 2006, must first be transposed;

| 1.18 | welcomes the presentation of a strategic plan to boost the development of new energy technologies at European level, to support rapid commercial launches of such technologies and to facilitate coordination of Community and national research and innovation programmes; |
| --- | --- |

1.18

welcomes the presentation of a strategic plan to boost the development of new energy technologies at European level, to support rapid commercial launches of such technologies and to facilitate coordination of Community and national research and innovation programmes;

| 1.19 | sees increased energy efficiency as an important goal, particularly with a view to preventing further increases in import dependency; |
| --- | --- |

1.19

sees increased energy efficiency as an important goal, particularly with a view to preventing further increases in import dependency;

| 1.20 | points out that many energy-efficiency measures either already in force in the EU or in the pipeline are only beginning to have an impact or indeed still have to be implemented. Examples include the buildings directive, the combined heat and power (CHP) directive and the energy end-use efficiency directive; |
| --- | --- |

1.20

points out that many energy-efficiency measures either already in force in the EU or in the pipeline are only beginning to have an impact or indeed still have to be implemented. Examples include the buildings directive, the combined heat and power (CHP) directive and the energy end-use efficiency directive;

| 1.21 | welcomes the Commission's plan to conduct annual reviews of the EU strategy from 2007 onwards, including the medium- and long-term objectives and the measures required to achieve them; |
| --- | --- |

1.21

welcomes the Commission's plan to conduct annual reviews of the EU strategy from 2007 onwards, including the medium- and long-term objectives and the measures required to achieve them;

Biomass action plan

| 1.22 | welcomes the publication of the biomass action plan, the implementation of which can make an important contribution to achieving the three objectives set out in the energy Green Paper; |
| --- | --- |

1.22

welcomes the publication of the biomass action plan, the implementation of which can make an important contribution to achieving the three objectives set out in the energy Green Paper;

| 1.23 | welcomes the Commission's plan to increase the share of biomass among renewable energies and considers the overall package outlined by the Commission to be an appropriate basis for expanding energy production from biomass; |
| --- | --- |

1.23

welcomes the Commission's plan to increase the share of biomass among renewable energies and considers the overall package outlined by the Commission to be an appropriate basis for expanding energy production from biomass;

| 1.24 | welcomes the Commission's emphasis on the importance of regions in promoting biofuels and other forms of bio-energy as part of cohesion policy and rural development policy; |
| --- | --- |

1.24

welcomes the Commission's emphasis on the importance of regions in promoting biofuels and other forms of bio-energy as part of cohesion policy and rural development policy;

| 1.25 | points out that the use of biomass can substantially contribute to achieving the goal of deriving 12 % of total EU energy from renewable sources by 2010, and therefore stresses the importance of biomass as an important alternative to fossil fuels; |
| --- | --- |

1.25

points out that the use of biomass can substantially contribute to achieving the goal of deriving 12 % of total EU energy from renewable sources by 2010, and therefore stresses the importance of biomass as an important alternative to fossil fuels;

| 1.26 | highlights the fact that the action plan indicates for the first time how the objective set in the 1997 White Paper of tripling primary energy use from biomass in the EU to about 150 million tonnes oil equivalent (mtoe) should be split between heat, electricity and fuels (heat: 75 mtoe, electricity: 55 mtoe, fuels: 19 mtoe); |
| --- | --- |

1.26

highlights the fact that the action plan indicates for the first time how the objective set in the 1997 White Paper of tripling primary energy use from biomass in the EU to about 150 million tonnes oil equivalent (mtoe) should be split between heat, electricity and fuels (heat: 75 mtoe, electricity: 55 mtoe, fuels: 19 mtoe);

| 1.27 | emphasises that the scenario described in the action plan would mean a rise in the biomass share of EU primary energy use from about 4 % at present to 8 % in 2010 and points out that, to achieve this objective while respecting the subsidiarity principle at every level, measures to guarantee biomass supply must also be taken, for example obligatory reserves, improvement of the delivery chain etc.; |
| --- | --- |

1.27

emphasises that the scenario described in the action plan would mean a rise in the biomass share of EU primary energy use from about 4 % at present to 8 % in 2010 and points out that, to achieve this objective while respecting the subsidiarity principle at every level, measures to guarantee biomass supply must also be taken, for example obligatory reserves, improvement of the delivery chain etc.;

| 1.28 | welcomes the Council's decision of 14.2.2006 to add the supply of district heating to the list of goods and services to which Member States may apply a reduced rate of VAT, and considers it important for Member States to do so; |
| --- | --- |

1.28

welcomes the Council's decision of 14.2.2006 to add the supply of district heating to the list of goods and services to which Member States may apply a reduced rate of VAT, and considers it important for Member States to do so;

| 1.29 | points out that many local and regional authorities are already successfully implementing specific projects for generating electricity and heat from biomass — or have done so already — and are thus playing a pioneering role in this area; feels that it is important to promote such projects; |
| --- | --- |

1.29

points out that many local and regional authorities are already successfully implementing specific projects for generating electricity and heat from biomass — or have done so already — and are thus playing a pioneering role in this area; feels that it is important to promote such projects;

| 1.30 | stresses the importance of biomass as an energy source for rural areas: use of biomass can provide new sources of income for both the agricultural sector (farmers as producers of energy resources) and the forestry industry, and can also help create new jobs; |
| --- | --- |

1.30

stresses the importance of biomass as an energy source for rural areas: use of biomass can provide new sources of income for both the agricultural sector (farmers as producers of energy resources) and the forestry industry, and can also help create new jobs;

The biofuel strategy

| 1.31 | welcomes the Commission's communication on the EU strategy for biofuels which, in transport, can at least partly replace fossil fuels and be integrated into fuel supply systems; |
| --- | --- |

1.31

welcomes the Commission's communication on the EU strategy for biofuels which, in transport, can at least partly replace fossil fuels and be integrated into fuel supply systems;

| 1.32 | draws attention to the fact that public vehicle fleets in local and regional authorities are already powered by biofuels; |
| --- | --- |

1.32

draws attention to the fact that public vehicle fleets in local and regional authorities are already powered by biofuels;

| 1.33 | points out the importance of producing biofuels in a sustainable manner in order to avoid a loss of biodiversity; It should be avoided that large energy crop ‘monocultures’ (concentrated growth of a single crop over wide areas) excessively disrupt the local ecosystem.; |
| --- | --- |

1.33

points out the importance of producing biofuels in a sustainable manner in order to avoid a loss of biodiversity; It should be avoided that large energy crop ‘monocultures’ (concentrated growth of a single crop over wide areas) excessively disrupt the local ecosystem.;

| 1.34 | calls on the Commission to step up research into biofuels, both in terms of raw material (improvement of the energy yield and characteristics of crops or utilisation of pyrolytic oils as a raw material in the petrochemical industry) and in terms of processes (conversion of biomass into energy, gasification, pyrolysis, etc.). |
| --- | --- |

1.34

calls on the Commission to step up research into biofuels, both in terms of raw material (improvement of the energy yield and characteristics of crops or utilisation of pyrolytic oils as a raw material in the petrochemical industry) and in terms of processes (conversion of biomass into energy, gasification, pyrolysis, etc.).

2.   The Committee of the Regions' recommendations

The Green Paper on energy

| 2.1 | to ensure a level playing field, calls for complete and immediate transposition of the directives on liberalising the internal gas and electricity market in all Member States; |
| --- | --- |

2.1

to ensure a level playing field, calls for complete and immediate transposition of the directives on liberalising the internal gas and electricity market in all Member States;

| 2.2 | is in favour of conducting cost-benefit analyses of new legislative proposals put forward by the Commission; |
| --- | --- |

2.2

is in favour of conducting cost-benefit analyses of new legislative proposals put forward by the Commission;

| 2.3 | in the review of the EU emissions trading scheme, calls for a further expansion and an improvement of the scheme in accordance with the Green Paper; thus providing a stable climate in which industries can take the long-term investment decisions required; calls for the removal of unnecessary burdens on industry arising in particular from the impact on electricity prices and from distortions of competition as a result of insufficient coordination of national allocation plans between Member States; |
| --- | --- |

2.3

in the review of the EU emissions trading scheme, calls for a further expansion and an improvement of the scheme in accordance with the Green Paper; thus providing a stable climate in which industries can take the long-term investment decisions required; calls for the removal of unnecessary burdens on industry arising in particular from the impact on electricity prices and from distortions of competition as a result of insufficient coordination of national allocation plans between Member States;

| 2.4 | notes that EU-level coordination during the gas supply crisis in January 2006 proved effective and, while continuing in future to respect Member States' prime responsibility for the security of their own energy supplies, calls for efforts to ensure that effective coordination mechanisms based on the principles of solidarity and subsidiarity are in place in the event of a supply crisis; |
| --- | --- |

2.4

notes that EU-level coordination during the gas supply crisis in January 2006 proved effective and, while continuing in future to respect Member States' prime responsibility for the security of their own energy supplies, calls for efforts to ensure that effective coordination mechanisms based on the principles of solidarity and subsidiarity are in place in the event of a supply crisis;

| 2.5 | urges making sustainable energy and energy efficiency a research and development priority and providing an adequate share of Community support for this purpose; |
| --- | --- |

2.5

urges making sustainable energy and energy efficiency a research and development priority and providing an adequate share of Community support for this purpose;

| 2.6 | proposes that the EU offer incentives for the use of sustainable energies in all relevant policy areas within its remit; |
| --- | --- |

2.6

proposes that the EU offer incentives for the use of sustainable energies in all relevant policy areas within its remit;

| 2.7 | welcomes the Commission's intention to contribute to the continued development of energy efficiency measures, and backs the presentation of a wide-ranging energy efficiency action plan in the near future; |
| --- | --- |

2.7

welcomes the Commission's intention to contribute to the continued development of energy efficiency measures, and backs the presentation of a wide-ranging energy efficiency action plan in the near future;

| 2.8 | in drawing up such an action plan, calls for the use of market-assisted and cost-effective instruments, such as information, consultancy, support, voluntary agreements, and the like, and for due account to be taken of the limits to the burdens which can be imposed on public finances, business and consumers; |
| --- | --- |

2.8

in drawing up such an action plan, calls for the use of market-assisted and cost-effective instruments, such as information, consultancy, support, voluntary agreements, and the like, and for due account to be taken of the limits to the burdens which can be imposed on public finances, business and consumers;

| 2.9 | rejects the establishment of absolute targets for increasing efficiency. Member States which have already made savings or which use particularly efficient technologies have less potential for further efficiency increases and would be at a competitive disadvantage if absolute targets were applied; |
| --- | --- |

2.9

rejects the establishment of absolute targets for increasing efficiency. Member States which have already made savings or which use particularly efficient technologies have less potential for further efficiency increases and would be at a competitive disadvantage if absolute targets were applied;

| 2.10 | approves the proposal for an international agreement on energy efficiency and the initiation of EU dialogue on energy efficiency and saving with countries with high levels of energy use and emerging countries; |
| --- | --- |

2.10

approves the proposal for an international agreement on energy efficiency and the initiation of EU dialogue on energy efficiency and saving with countries with high levels of energy use and emerging countries;

| 2.11 | supports the forging of a common approach to a foreign and security policy geared towards security of supply and the diversification of supply sources; the expansion energy partnerships; and enhanced dialogue with key producer, transit and user countries; it would make sense to include non-EU neighbouring countries in this process; |
| --- | --- |

2.11

supports the forging of a common approach to a foreign and security policy geared towards security of supply and the diversification of supply sources; the expansion energy partnerships; and enhanced dialogue with key producer, transit and user countries; it would make sense to include non-EU neighbouring countries in this process;

Biomass action plan

| 2.12 | calls on the Commission to take account of the role of local and regional authorities in implementing and further developing the action plan, to explicitly explore the local and regional dimension and thus also to give a major fillip to rural areas; |
| --- | --- |

2.12

calls on the Commission to take account of the role of local and regional authorities in implementing and further developing the action plan, to explicitly explore the local and regional dimension and thus also to give a major fillip to rural areas;

| 2.13 | in connection with biomass supplies, endorses the Commission's view that decisions about the cultivation of energy crops are ‘best taken at a local or regional level’; |
| --- | --- |

2.13

in connection with biomass supplies, endorses the Commission's view that decisions about the cultivation of energy crops are ‘best taken at a local or regional level’;

| 2.14 | to enhance the security of supply, conserve resources, reduce greenhouse gas emissions and promote rural areas and the renewable energy sector, considers it necessary not only to encourage energy saving and boost energy efficiency but also to further extend the use of renewable energy sources and, in this connection, to press ahead with the sustainable expansion of biomass use to produce both energy and materials; |
| --- | --- |

2.14

to enhance the security of supply, conserve resources, reduce greenhouse gas emissions and promote rural areas and the renewable energy sector, considers it necessary not only to encourage energy saving and boost energy efficiency but also to further extend the use of renewable energy sources and, in this connection, to press ahead with the sustainable expansion of biomass use to produce both energy and materials;

The biofuel strategy

| 2.15 | considers that it is essential to remove the current technical barriers to the use of biofuels and to amend the EN 14214 standard to facilitate the use of a wider range of vegetable oils for biodiesel, to the extent feasible without significant ill-effects on fuel performance and therefore supports the Commission's intention to begin by investigating the causes of these barriers, and to determine specific aspects of the standard that should be amended, while at the same time ensuring that there is no discrimination against biofuels as a result; |
| --- | --- |

2.15

considers that it is essential to remove the current technical barriers to the use of biofuels and to amend the EN 14214 standard to facilitate the use of a wider range of vegetable oils for biodiesel, to the extent feasible without significant ill-effects on fuel performance and therefore supports the Commission's intention to begin by investigating the causes of these barriers, and to determine specific aspects of the standard that should be amended, while at the same time ensuring that there is no discrimination against biofuels as a result;

| 2.16 | calls on the Commission to take due account of the local and regional dimension, not least in the ongoing development of the biofuel strategy; |
| --- | --- |

2.16

calls on the Commission to take due account of the local and regional dimension, not least in the ongoing development of the biofuel strategy;

| 2.17 | welcomes the Commission's intention to increase the share of biofuels in fuel consumption, and to this end to also provide for the monitoring measures to promote biofuels. |
| --- | --- |

2.17

welcomes the Commission's intention to increase the share of biofuels in fuel consumption, and to this end to also provide for the monitoring measures to promote biofuels.

Brussels, 11 October 2006.

The President

of the Committee of the Regions

Michel DELEBARRE

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(1)  OJ C 107, 3.5.2002, p. 13.

1

(2)  OJ C 318, 22.12.2004, p. 19.

2

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| 6.3.2007 | EN | Official Journal of the European Union | C 51/27 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/27

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Opinion of the Committee of the Regions on the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Public-Private Partnerships and Community Law on Public Procurement and Concessions

(2007/C 51/05)

THE COMMITTEE OF THE REGIONS,

Having regard to the Communication from the Commission to the European Parliament, the Council, the European Economic and Social Committee and the Committee of the Regions on Public-Private Partnerships and Community Law on Public Procurement and Concessions (COM(2005) 569 final);

Having regard to the decision of the European Commission of 15 November 2005 to consult the Committee on this matter, under the first paragraph of Article 265 of the Treaty establishing the European Community;

Having regard to the decision of its President of 22 February 2006 to instruct its Commission for Economic and Social Policy to draw up an opinion on this subject;

Having regard to its opinion on the Green Paper on Public-Private Partnerships and Community law on public contracts and concessions (COM(2004) 327 final CdR 239/2004 fin);

Having regard to the opinion of the European Economic and Social Committee on the Green Paper on Public-Private Partnerships and Community law on public contracts and concessions (COM(2004) 327 final CESE 1440/2004 fin);

Having regard to the opinion of the European Economic and Social Committee on the role of the EIB in public-private partnerships (PPPs) and their impact on growth (CESE 255/2005);

Having regard to its Draft Opinion CdR 41/2006 rev. 2 adopted on 3 July 2006 by its Commission for Economic and Social Policy (Rapporteur: Mrs Bożena Ronowicz, Mayor of Zielona Góra, PL/UEN-AE);

Whereas:

| 1. | economic globalisation and the accompanying intensification of competition which public and private sector enterprises are exposed to, one of the issues which the Lisbon strategy was intended to address, clearly call for close cooperation between the public and private sectors in the form of public-private partnerships, benefiting both sides and above all the public, the users of the services provided; |
| --- | --- |

1.

economic globalisation and the accompanying intensification of competition which public and private sector enterprises are exposed to, one of the issues which the Lisbon strategy was intended to address, clearly call for close cooperation between the public and private sectors in the form of public-private partnerships, benefiting both sides and above all the public, the users of the services provided;

| 2. | through public-private partnerships, public-sector (national, regional or local government) and private-sector partners participate in mutually beneficial joint activities, using their own resources not only for commercial purposes but also to achieve the social objectives of the project, in particular the delivery of higher-quality services; |
| --- | --- |

2.

through public-private partnerships, public-sector (national, regional or local government) and private-sector partners participate in mutually beneficial joint activities, using their own resources not only for commercial purposes but also to achieve the social objectives of the project, in particular the delivery of higher-quality services;

| 3. | local and regional authorities should become more involved in public-private partnerships, bearing in mind that grassroots involvement in partnership projects in keeping with the principles enshrined in the Treaties, will primarily benefit the people for whom the services are provided; |
| --- | --- |

3.

local and regional authorities should become more involved in public-private partnerships, bearing in mind that grassroots involvement in partnership projects in keeping with the principles enshrined in the Treaties, will primarily benefit the people for whom the services are provided;

adopted the following opinion at its 66th plenary session of 11–12 October 2006 (meeting of 12 October):

1.   The Committee of the Regions' views

The Committee of the Regions

| 1.1 | given that a precise definition of a public-private partnership does not yet exist, that adequate legislation is not yet in place, and — most importantly — the new Member States in particular lack experience in the field, considers that there is a need to develop an interpretative communication covering all forms of PPP agreements; |
| --- | --- |

1.1

given that a precise definition of a public-private partnership does not yet exist, that adequate legislation is not yet in place, and — most importantly — the new Member States in particular lack experience in the field, considers that there is a need to develop an interpretative communication covering all forms of PPP agreements;

| 1.2 | points out that local and regional authorities are closest to the people who will use public services, and that they determine how services are to be financed, the form to be assumed by a public-private partnership, or alternatively whether to provide the services themselves; |
| --- | --- |

1.2

points out that local and regional authorities are closest to the people who will use public services, and that they determine how services are to be financed, the form to be assumed by a public-private partnership, or alternatively whether to provide the services themselves;

| 1.3 | notes that when opting for a public-private partnership, the primary consideration must be to improve the quality of public services in the context of a specific project; it does not automatically follow that such partnerships will always be chosen as the best solution; |
| --- | --- |

1.3

notes that when opting for a public-private partnership, the primary consideration must be to improve the quality of public services in the context of a specific project; it does not automatically follow that such partnerships will always be chosen as the best solution;

| 1.4 | notes that public-private partnerships tend to shift risk to the party which is best able to manage such risk, while providing appropriate safeguards in the event of unfavourable conditions arising from the completion of a particular project; |
| --- | --- |

1.4

notes that public-private partnerships tend to shift risk to the party which is best able to manage such risk, while providing appropriate safeguards in the event of unfavourable conditions arising from the completion of a particular project;

| 1.5 | points out that public-private partnerships are based on the public sector assuming responsibility for the provision of appropriate infrastructure and a particular type of service, while actively cooperating with the private sector on the implementation of a particular project; as for the private sector, its role is to secure financing for work on the project, to ensure technology transfer and to perform tasks in order to achieve public-sector goals; on completion or modernisation of the facility in question, the private sector operates it, providing a public service in return for remuneration. Thus, the aim of public-private partnerships is to define relations between the two parties in such a way as to ensure that the risk associated with a given aspect of a project is borne by the party best able to monitor it; |
| --- | --- |

1.5

points out that public-private partnerships are based on the public sector assuming responsibility for the provision of appropriate infrastructure and a particular type of service, while actively cooperating with the private sector on the implementation of a particular project; as for the private sector, its role is to secure financing for work on the project, to ensure technology transfer and to perform tasks in order to achieve public-sector goals; on completion or modernisation of the facility in question, the private sector operates it, providing a public service in return for remuneration. Thus, the aim of public-private partnerships is to define relations between the two parties in such a way as to ensure that the risk associated with a given aspect of a project is borne by the party best able to monitor it;

| 1.6 | points out that public-private partnerships can be an advantageous option for providing infrastructure or services to the public. However, only a detailed analysis of the specific aims of a particular infrastructure or service can determine whether local or regional authorities should undertake tasks themselves or contract them out to third parties, in compliance with the public procurement legislation of the Member State concerned, perhaps by awarding concessions or through an institutionalised public-private partnership; |
| --- | --- |

1.6

points out that public-private partnerships can be an advantageous option for providing infrastructure or services to the public. However, only a detailed analysis of the specific aims of a particular infrastructure or service can determine whether local or regional authorities should undertake tasks themselves or contract them out to third parties, in compliance with the public procurement legislation of the Member State concerned, perhaps by awarding concessions or through an institutionalised public-private partnership;

| 1.7 | is of the opinion that public-private partnerships should be acknowledged as an issue which must be approached not only from a legal, economic or technical angle, but also from a political perspective, given that decisions on cooperation between the public and private sectors are subject to democratic voting procedures, as well as monitoring by supervisory bodies, as a result of which such decisions are publicised and evaluated by members of the public who are actual or potential users of the services concerned; |
| --- | --- |

1.7

is of the opinion that public-private partnerships should be acknowledged as an issue which must be approached not only from a legal, economic or technical angle, but also from a political perspective, given that decisions on cooperation between the public and private sectors are subject to democratic voting procedures, as well as monitoring by supervisory bodies, as a result of which such decisions are publicised and evaluated by members of the public who are actual or potential users of the services concerned;

| 1.8 | points out that in some cases the following benefits may accrue to the public-sector partner from the execution of a particular project through a public-private partnership (provided that such a partnership is identified as the best option for the provision of services or infrastructure to the public):






  — | involving private capital in financing projects for the public good, thus generating budget savings and reducing investment costs; |
| --- | --- | --- |

1.8

points out that in some cases the following benefits may accrue to the public-sector partner from the execution of a particular project through a public-private partnership (provided that such a partnership is identified as the best option for the provision of services or infrastructure to the public):

—

involving private capital in financing projects for the public good, thus generating budget savings and reducing investment costs;

| — | transferring aspects of investment risk which the private partner is better able to deal with than the public partner; |
| --- | --- |

—

transferring aspects of investment risk which the private partner is better able to deal with than the public partner;

| — | accelerating planned investment and the associated provision of public services, due to the greater flexibility and speed of the private sector; |
| --- | --- |

—

accelerating planned investment and the associated provision of public services, due to the greater flexibility and speed of the private sector;

| — | expanding the range of financing sources for the local public sector; |
| --- | --- |

—

expanding the range of financing sources for the local public sector;

| — | guaranteeing reliable completion of projects, given that the facility which has been designed and constructed or renovated will be run or maintained by a private operator, who should therefore have an interest in reliable and punctual completion of the project concerned, under the supervision of the public partner; |
| --- | --- |

—

guaranteeing reliable completion of projects, given that the facility which has been designed and constructed or renovated will be run or maintained by a private operator, who should therefore have an interest in reliable and punctual completion of the project concerned, under the supervision of the public partner;

| — | ensuring long-term provision of quality public services, based on multi-annual contracts; |
| --- | --- |

—

ensuring long-term provision of quality public services, based on multi-annual contracts;

| 1.9 | emphasises that in public-private partnerships mutual trust between the partners and transparency in their dealings with one another are necessary, in order to ensure free and unfettered development consistent with the fundamental principles of the European Treaties, such as the principles of equal opportunities, mutual recognition and proportionality; the following are essential conditions for the compliance of public-private partnerships with these principles:






  — | there must be a stable local and regional government system; |
| --- | --- | --- |

1.9

emphasises that in public-private partnerships mutual trust between the partners and transparency in their dealings with one another are necessary, in order to ensure free and unfettered development consistent with the fundamental principles of the European Treaties, such as the principles of equal opportunities, mutual recognition and proportionality; the following are essential conditions for the compliance of public-private partnerships with these principles:

—

there must be a stable local and regional government system;

| — | there must be confidence on the part of the financial markets and the respective partners; |
| --- | --- |

—

there must be confidence on the part of the financial markets and the respective partners;

| — | the public and private partners must be in sound financial condition; |
| --- | --- |

—

the public and private partners must be in sound financial condition;

| — | the terms of the contract must be transparent, specific and include a review mechanism and provisions for cases of force majeure; |
| --- | --- |

—

the terms of the contract must be transparent, specific and include a review mechanism and provisions for cases of force majeure;

| — | there must be an accurate financial estimate of the project; |
| --- | --- |

—

there must be an accurate financial estimate of the project;

| — | legal protection must be in place for both partners. |
| --- | --- |

—

legal protection must be in place for both partners.

| 1.10 | highlights the fact that both contractual PPPs and institutionalised PPPs must make it a priority to guarantee citizens high quality, safe and continual facilities or services. To this end, the public authorities cannot fail to prioritise the provision of services above the provider's economic interests and must retain certain powers, such as that of imposing quality and safety standards, amending these unilaterally in the public interest throughout the duration of the partnership, being able to save the facility or service, and once the partnership has ended, receiving the resources from the provider that the public authority considers necessary to the maintenance of the facility or service; |
| --- | --- |

1.10

highlights the fact that both contractual PPPs and institutionalised PPPs must make it a priority to guarantee citizens high quality, safe and continual facilities or services. To this end, the public authorities cannot fail to prioritise the provision of services above the provider's economic interests and must retain certain powers, such as that of imposing quality and safety standards, amending these unilaterally in the public interest throughout the duration of the partnership, being able to save the facility or service, and once the partnership has ended, receiving the resources from the provider that the public authority considers necessary to the maintenance of the facility or service;

| 1.11 | considers that even though most of the agents consulted by the Commission have not supported the Community initiative to clarify and harmonise the rules on subcontracting in public-private partnerships, the Community institutions must not forget that the citizen who uses these services is the main beneficiary of this partnership and that the success of a PPP project can be jeopardised if the holder of the PPP does not respond appropriately to the subcontractors and suppliers carrying out part or all of the provision of services. Furthermore, local and regional bodies are interested in boosting small and medium-sized businesses which, most of the time, act as subcontractors or suppliers. Therefore, it must be made compulsory for the contractor or the concessionaire to fulfil their economic obligations to subcontractors or suppliers under the same economic conditions as those governing the fulfilment of the contracting authority's economic obligations to the contractor or concessionaire. |
| --- | --- |

1.11

considers that even though most of the agents consulted by the Commission have not supported the Community initiative to clarify and harmonise the rules on subcontracting in public-private partnerships, the Community institutions must not forget that the citizen who uses these services is the main beneficiary of this partnership and that the success of a PPP project can be jeopardised if the holder of the PPP does not respond appropriately to the subcontractors and suppliers carrying out part or all of the provision of services. Furthermore, local and regional bodies are interested in boosting small and medium-sized businesses which, most of the time, act as subcontractors or suppliers. Therefore, it must be made compulsory for the contractor or the concessionaire to fulfil their economic obligations to subcontractors or suppliers under the same economic conditions as those governing the fulfilment of the contracting authority's economic obligations to the contractor or concessionaire.

2.   The Committee of the Regions' views

The Committee of the Regions

| 2.1 | should the Commission retain the idea to launch a legislative proposal on service concessions, the Committee of the Regions pleads for the recognition of the specificity of service concessions or of services of general economic interest concessions. Any Commission proposal should ensure flexible, transparent and non-discriminatory procedures on how to select the service provider combined with a flexible set of horizontal criteria for the final award; |
| --- | --- |

2.1

should the Commission retain the idea to launch a legislative proposal on service concessions, the Committee of the Regions pleads for the recognition of the specificity of service concessions or of services of general economic interest concessions. Any Commission proposal should ensure flexible, transparent and non-discriminatory procedures on how to select the service provider combined with a flexible set of horizontal criteria for the final award;

| 2.2 | considers that the debate on public-private partnerships should be continued at Commission level, given that cooperation between municipalities/regions and the business world has become increasingly important in the European Union; |
| --- | --- |

2.2

considers that the debate on public-private partnerships should be continued at Commission level, given that cooperation between municipalities/regions and the business world has become increasingly important in the European Union;

| 2.3 | calls for a precise definition of public-private partnerships and a clarification of the terminology, such as the precise meaning of terms like ‘contractual PPP’ or ‘institutionalised PPP’, and a possible distinction between European level PPPs from national and sub-national PPPs; |
| --- | --- |

2.3

calls for a precise definition of public-private partnerships and a clarification of the terminology, such as the precise meaning of terms like ‘contractual PPP’ or ‘institutionalised PPP’, and a possible distinction between European level PPPs from national and sub-national PPPs;

| 2.4 | considers, following on from the previous point, that the terms ‘public services’ and ‘services of general interest’ should be avoided, since they are defined differently in different legislation. A valid concept that could be studied in order to define institutionalised PPPs, which are being covered by European legislation, would be that of partnerships which are designed to carry out a project or to provide services to citizens in return for payment in full or in part by users; |
| --- | --- |

2.4

considers, following on from the previous point, that the terms ‘public services’ and ‘services of general interest’ should be avoided, since they are defined differently in different legislation. A valid concept that could be studied in order to define institutionalised PPPs, which are being covered by European legislation, would be that of partnerships which are designed to carry out a project or to provide services to citizens in return for payment in full or in part by users;

| 2.5 | encourages moves to also address the question whether the necessary financial instruments are available at European level to guarantee European-wide PPPs (re-insurance, public guarantees); |
| --- | --- |

2.5

encourages moves to also address the question whether the necessary financial instruments are available at European level to guarantee European-wide PPPs (re-insurance, public guarantees);

| 2.6 | values the efforts of the Commission to safeguard at EU level the fundamental principles of the Treaty establishing the European Community, such as transparency, equal opportunities, proportionality and mutual recognition, in the award of public contracts and concessions; |
| --- | --- |

2.6

values the efforts of the Commission to safeguard at EU level the fundamental principles of the Treaty establishing the European Community, such as transparency, equal opportunities, proportionality and mutual recognition, in the award of public contracts and concessions;

| 2.7 | considers that competitive dialogue can be effective for complex public contracts but that there is still little experience of the implications of competitive dialogue; |
| --- | --- |

2.7

considers that competitive dialogue can be effective for complex public contracts but that there is still little experience of the implications of competitive dialogue;

| 2.8 | recommends that Member States develop concessions award procedures based on transparent and consistent rules taking account of any common European-level definitions and standards which might be proposed by the European Commission; |
| --- | --- |

2.8

recommends that Member States develop concessions award procedures based on transparent and consistent rules taking account of any common European-level definitions and standards which might be proposed by the European Commission;

| 2.9 | considers that, in order to ensure greater legal certainty for public-private partnership initiatives, public service providers could be established with public and private-sector participation; |
| --- | --- |

2.9

considers that, in order to ensure greater legal certainty for public-private partnership initiatives, public service providers could be established with public and private-sector participation;

| 2.10 | points out that only in the case of bidders (contractors) which (1) are subject to supervision by the public body awarding the contract as departments of that body and (2) simultaneously carry out the majority of their activities in that public body need the public procurement procedure not be applied. In view of the CoR, ‘internal operator’ means a legally distinct entity over which the competent authority exercises control similar to that exercised over its own departments. For the purposes of determining whether such control exists, factors such as the degree of representation on administrative, management or supervisory bodies, specifications relating thereto in the articles of association, ownership, effective influence and control over strategic decisions and individual management decisions have to be taken into consideration. The status of internal operator precludes all participation by a private undertaking in the capital of the service provider of more than 33 %; in particular, the CoR believes to be erroneous the assumption that directly awarding concessions to joint public-private enterprises incorporated by means of public procedures results in all cases in direct or indirect advantages for these enterprises; it therefore refutes the idea that direct awards automatically constitute a competitive advantage which is in conflict with the provisions of the Treaty, and also the principle that any additional constraint on operating on the market would be incompatible with the above framework; |
| --- | --- |

2.10

points out that only in the case of bidders (contractors) which (1) are subject to supervision by the public body awarding the contract as departments of that body and (2) simultaneously carry out the majority of their activities in that public body need the public procurement procedure not be applied. In view of the CoR, ‘internal operator’ means a legally distinct entity over which the competent authority exercises control similar to that exercised over its own departments. For the purposes of determining whether such control exists, factors such as the degree of representation on administrative, management or supervisory bodies, specifications relating thereto in the articles of association, ownership, effective influence and control over strategic decisions and individual management decisions have to be taken into consideration. The status of internal operator precludes all participation by a private undertaking in the capital of the service provider of more than 33 %; in particular, the CoR believes to be erroneous the assumption that directly awarding concessions to joint public-private enterprises incorporated by means of public procedures results in all cases in direct or indirect advantages for these enterprises; it therefore refutes the idea that direct awards automatically constitute a competitive advantage which is in conflict with the provisions of the Treaty, and also the principle that any additional constraint on operating on the market would be incompatible with the above framework;

| 2.11 | points out that interpretive communication on the award of concessions or institutionalised PPPs could provide further guidance on how to comply with the principles set out in the TEC concerning equal treatment, transparency, proportionality and mutual recognition, thus enhancing the prospects of PPP projects and facilitating the completion of more projects in future on the basis of European Investment Bank (EIB) loans; |
| --- | --- |

2.11

points out that interpretive communication on the award of concessions or institutionalised PPPs could provide further guidance on how to comply with the principles set out in the TEC concerning equal treatment, transparency, proportionality and mutual recognition, thus enhancing the prospects of PPP projects and facilitating the completion of more projects in future on the basis of European Investment Bank (EIB) loans;

| 2.12 | emphasises that high-quality public services are guaranteed by the democratic system in each EU Member State, which puts citizens first and provides protection by the authorities which manage — or provide input into management, supervise and monitor the provision of services; |
| --- | --- |

2.12

emphasises that high-quality public services are guaranteed by the democratic system in each EU Member State, which puts citizens first and provides protection by the authorities which manage — or provide input into management, supervise and monitor the provision of services;

| 2.13 | considers that when granting EU funding, priority must be given to the financing of PPP projects. |
| --- | --- |

2.13

considers that when granting EU funding, priority must be given to the financing of PPP projects.

Brussels, 12 October 2006

The President

of the Committee of the Regions

Michel DELEBARRE

---

| 6.3.2007 | EN | Official Journal of the European Union | C 51/31 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/31

---

Opinion of the Committee of the Regions on the Establishment of European territorial pacts: proposal for a revision of the tripartite contracts and agreements

(2007/C 51/06)

THE COMMITTEE OF THE REGIONS

HAVING REGARD TO the UK presidency's decision of 21-22 November 2005, under the first paragraph of Article 265 of the Treaty establishing the European Community, to consult it on the matter;

HAVING REGARD TO its Bureau's decision of 25 April 2006 to instruct the Commission for Constitutional Affairs, European Governance and the Area of Freedom, Security and Justice to draw up an opinion on the subject;

HAVING REGARD TO the conclusions of the meeting of the High Level Group on Governance and the EU, which took place in London on 21 and 22 November 2005;

HAVING REGARD TO the conclusions of the meeting of the High Level Group on Governance and the EU, which took place in Turku on 2 and 3 October 2006;

HAVING REGARD TO the contribution from the European Commission presented to the meeting of the High Level Group on Governance and the EU held in Turku;

HAVING REGARD TO the European Commission's White Paper on European Governance of 25 July 2001, COM(2001) 428 final (1);

HAVING REGARD TO the Communication from the Commission A framework for target-based tripartite contracts and agreements between the Community, the States and regional and local authorities of 11 December 2002, COM(2002) 709 final;

HAVING REGARD TO the Communication from the Commission to the European Council A citizens' agenda — Delivering results for Europe of 10 May 2006, COM(2006) 211 final;

HAVING REGARD TO its opinion (CdR 121/2005) on Better lawmaking 2004 and Better Regulation for Growth and Jobs in the European Union, adopted on 12 October 2005 (2);

HAVING REGARD TO its draft opinion (CdR 135/2006 rev. 1) adopted by the Commission for Constitutional Affairs, European Governance and the Area of Freedom, Security and Justice on 30 June 2006 (rapporteur: Mr Raymond Forni, president of the Regional Council of Franche-Comté (FR/PES));

| 1) | WHEREAS tripartite contracts and agreements are an appropriate tool to foster multi-level governance in Europe, not least by involving local and regional authorities in the implementation of Community policies, while at the same time taking account of the institutional set-up in each Member State; |
| --- | --- |

1)

WHEREAS tripartite contracts and agreements are an appropriate tool to foster multi-level governance in Europe, not least by involving local and regional authorities in the implementation of Community policies, while at the same time taking account of the institutional set-up in each Member State;

| 2) | WHEREAS this new optional instrument of governance is calculated to secure greater flexibility, efficiency and democracy within the European Union, and thus helps boost public support for the European venture; |
| --- | --- |

2)

WHEREAS this new optional instrument of governance is calculated to secure greater flexibility, efficiency and democracy within the European Union, and thus helps boost public support for the European venture;

| 3) | WHEREAS it has set the re-launch of tripartite contracts and agreements as one of its political priorities for 2006 and is seeking in particular to expand the role and build on the potential of this instrument in the implementation of the Lisbon strategy; |
| --- | --- |

3)

WHEREAS it has set the re-launch of tripartite contracts and agreements as one of its political priorities for 2006 and is seeking in particular to expand the role and build on the potential of this instrument in the implementation of the Lisbon strategy;

| 4) | WHEREAS the more widespread use of tripartite contracts and conventions, which are executive planning instruments, serves to render planning policy more coherent and consistent, be it at European or local level, and to bring diversity to the instruments used in the context of consultation between all the institutions concerned with economic and social cohesion policy in the regional sphere; |
| --- | --- |

4)

WHEREAS the more widespread use of tripartite contracts and conventions, which are executive planning instruments, serves to render planning policy more coherent and consistent, be it at European or local level, and to bring diversity to the instruments used in the context of consultation between all the institutions concerned with economic and social cohesion policy in the regional sphere;

| 5) | WHEREAS the results of the experimental phase of the tripartite contracts and agreements have been mixed and the instrument itself — together with its operating arrangements, goals and scope — needs to be redefined; |
| --- | --- |

5)

WHEREAS the results of the experimental phase of the tripartite contracts and agreements have been mixed and the instrument itself — together with its operating arrangements, goals and scope — needs to be redefined;

| 6) | WHEREAS at the meeting of the High Level Group on Governance and the EU on 2 and 3 October 2006, it made, in the interests of local and regional authorities, a tangible contribution to the revision of the instrument with a view to ensuring that it reaches its full potential at the meeting of the High Level Group on Governance and the EU; in the conclusions to its meeting, the High Level Group pointed out that there were no obstacles to the continued operation of the instrument; it also drew attention to the interest expressed by a number of Member States in introducing a new experimental phase, on a voluntary basis; |
| --- | --- |

6)

WHEREAS at the meeting of the High Level Group on Governance and the EU on 2 and 3 October 2006, it made, in the interests of local and regional authorities, a tangible contribution to the revision of the instrument with a view to ensuring that it reaches its full potential at the meeting of the High Level Group on Governance and the EU; in the conclusions to its meeting, the High Level Group pointed out that there were no obstacles to the continued operation of the instrument; it also drew attention to the interest expressed by a number of Member States in introducing a new experimental phase, on a voluntary basis;

adopted the following opinion unanimously at its 66th plenary session, held on 11 and 12 October 2006 (meeting of 12 October):

VIEWS AND RECOMMENDATIONS OF THE COMMITTEE OF THE REGIONS

1.   Promoting and enhancing the partnership principle in the workings of the European Union

The Committee of the Regions

| 1.1 | feels that, given the economic, social, environmental and democratic challenges Europe faces, a genuine partnership is vital to bolstering — and thereby boosting the efficiency of — the activities of the European Union, the Member States and local and regional authorities; |
| --- | --- |

1.1

feels that, given the economic, social, environmental and democratic challenges Europe faces, a genuine partnership is vital to bolstering — and thereby boosting the efficiency of — the activities of the European Union, the Member States and local and regional authorities;

| 1.2 | points out that consolidating the interinstitutional partnership principle, in accordance with the principles of subsidiarity and proportionality, is fundamental to building the kind of Europe that all European citizens can feel is their ‘common home’; |
| --- | --- |

1.2

points out that consolidating the interinstitutional partnership principle, in accordance with the principles of subsidiarity and proportionality, is fundamental to building the kind of Europe that all European citizens can feel is their ‘common home’;

| 1.3 | believes that putting the partnership principle into practice on the ground would make it possible to overcome the weaknesses of the current system and would provide real added value in attaining the joint objectives that have been well defined along the lines set out in the Citizens' agenda proposed by the Commission in its communication of 10 May 2006, without thereby affecting the institutional remits of the various stakeholders concerned; |
| --- | --- |

1.3

believes that putting the partnership principle into practice on the ground would make it possible to overcome the weaknesses of the current system and would provide real added value in attaining the joint objectives that have been well defined along the lines set out in the Citizens' agenda proposed by the Commission in its communication of 10 May 2006, without thereby affecting the institutional remits of the various stakeholders concerned;

| 1.4 | notes, moreover, that the debate with the public currently under way in the Member States as part of the reflection period shows that it is possible to move closer to European citizens through tangible, high-profile measures, and that the direct involvement of local and regional authorities in the European venture is an essential element in this process. |
| --- | --- |

1.4

notes, moreover, that the debate with the public currently under way in the Member States as part of the reflection period shows that it is possible to move closer to European citizens through tangible, high-profile measures, and that the direct involvement of local and regional authorities in the European venture is an essential element in this process.

2.   The experimental phase of tripartite contracts and agreements: the Committee of the Regions' assessment

The Committee of the Regions

| 2.1 | has from the outset backed the idea of tripartite contracts and agreements as a partnership-based approach for the more fluid and flexible implementation of legislation and programmes with a strong territorial impact; |
| --- | --- |

2.1

has from the outset backed the idea of tripartite contracts and agreements as a partnership-based approach for the more fluid and flexible implementation of legislation and programmes with a strong territorial impact;

| 2.2 | observes that the results of the experimental phase of the tripartite contracts and agreements have failed to live up to its expectations, yet feels that, without challenging the relevance of this instrument per se, every possible effort must, on the contrary, be made in order to make its use more common and more widespread; |
| --- | --- |

2.2

observes that the results of the experimental phase of the tripartite contracts and agreements have failed to live up to its expectations, yet feels that, without challenging the relevance of this instrument per se, every possible effort must, on the contrary, be made in order to make its use more common and more widespread;

| 2.3 | notes that, so far, just one tripartite agreement has been signed — with the Lombardy region — and laments the European Commission's lack of commitment towards signing the three other projected pilot agreements (Birmingham, Lille and Pescara), the innovative content of which could well have delivered real added value; notes in this context, new initiatives emanating from local and regional authorities (such as the Principality of Asturias and the autonomous Province of Trento) and draws attention to the measures taken by certain European and national associations with a view to bolstering and promoting the instrument; |
| --- | --- |

2.3

notes that, so far, just one tripartite agreement has been signed — with the Lombardy region — and laments the European Commission's lack of commitment towards signing the three other projected pilot agreements (Birmingham, Lille and Pescara), the innovative content of which could well have delivered real added value; notes in this context, new initiatives emanating from local and regional authorities (such as the Principality of Asturias and the autonomous Province of Trento) and draws attention to the measures taken by certain European and national associations with a view to bolstering and promoting the instrument;

| 2.4 | recalls how local and regional authorities, which are to a large extent responsible for transposing and implementing EU legislation and measures, showed a great deal of interest in the idea of tripartite contracts and agreements when it was launched, as these would be a way of boosting their own efficiency; they are also a means of assisting EU institutions, national governments, and regional and local authorities in the identification and integrated implementation of their actions and activities, which would enhance the role of each institutional player; |
| --- | --- |

2.4

recalls how local and regional authorities, which are to a large extent responsible for transposing and implementing EU legislation and measures, showed a great deal of interest in the idea of tripartite contracts and agreements when it was launched, as these would be a way of boosting their own efficiency; they are also a means of assisting EU institutions, national governments, and regional and local authorities in the identification and integrated implementation of their actions and activities, which would enhance the role of each institutional player;

| 2.5 | does not, therefore, endorse the appraisal made by the European Commission to the effect that ‘no local, regional or central authority has shown itself to be particularly interested in the proposal’; |
| --- | --- |

2.5

does not, therefore, endorse the appraisal made by the European Commission to the effect that ‘no local, regional or central authority has shown itself to be particularly interested in the proposal’;

| 2.6 | draws attention to the precarious nature of the experimental phase, which has too limited a range; after having noted the evaluation made by the European Commission feels that a revision of this instrument is all the more necessary, taking special account of the following points:






  — | greater transparency and communication about this new instrument as part of Plan D and beyond, and, more specifically, information campaigns for those who might potentially benefit from it, i.e. local and regional authorities, and also for the Member States; |
| --- | --- | --- |

2.6

draws attention to the precarious nature of the experimental phase, which has too limited a range; after having noted the evaluation made by the European Commission feels that a revision of this instrument is all the more necessary, taking special account of the following points:

—

greater transparency and communication about this new instrument as part of Plan D and beyond, and, more specifically, information campaigns for those who might potentially benefit from it, i.e. local and regional authorities, and also for the Member States;

| — | demonstrable and genuine leadership at all levels; |
| --- | --- |

—

demonstrable and genuine leadership at all levels;

| — | sound coordination of sources of funding; |
| --- | --- |

—

sound coordination of sources of funding;

| — | renewed interest by the European Commission, which launched the initiative, in a flexible, practical instrument that is light on the public purse; |
| --- | --- |

—

renewed interest by the European Commission, which launched the initiative, in a flexible, practical instrument that is light on the public purse;

| — | appropriate coordination within the European Commission; |
| --- | --- |

—

appropriate coordination within the European Commission;

| — | sound ‘vertical’ cooperation between the various tiers of government, not least between national and regional/local level, in line with the subsidiarity principle as a ‘regulating’ factor; |
| --- | --- |

—

sound ‘vertical’ cooperation between the various tiers of government, not least between national and regional/local level, in line with the subsidiarity principle as a ‘regulating’ factor;

| — | organisation of the various partners involved, headed by a clearly identified ‘leader’, while respecting the powers and responsibilities of each one; |
| --- | --- |

—

organisation of the various partners involved, headed by a clearly identified ‘leader’, while respecting the powers and responsibilities of each one;

| — | explicit mention of the instrument's added value for the European Commission, the Member States and the local and regional authorities; |
| --- | --- |

—

explicit mention of the instrument's added value for the European Commission, the Member States and the local and regional authorities;

| 2.7 | draws attention to the fact that, in its resolution of December 2003, the European Parliament welcomed the instrument and expressly requested that the pilot scheme cover a sufficiently large number and variety of cases and that funding be made available to facilitate the requisite publicity; |
| --- | --- |

2.7

draws attention to the fact that, in its resolution of December 2003, the European Parliament welcomed the instrument and expressly requested that the pilot scheme cover a sufficiently large number and variety of cases and that funding be made available to facilitate the requisite publicity;

| 2.8 | draws attention to the replies to the questionnaire sent to the Member States by the Finnish presidency; the replies indicate that a majority of the Member States is in favour of entering into tripartite or multipartite agreements embracing Member States, regional and local authorities and the European Commission, with a view to promoting the partnership principle in the implementation of European policies; |
| --- | --- |

2.8

draws attention to the replies to the questionnaire sent to the Member States by the Finnish presidency; the replies indicate that a majority of the Member States is in favour of entering into tripartite or multipartite agreements embracing Member States, regional and local authorities and the European Commission, with a view to promoting the partnership principle in the implementation of European policies;

| 2.9 | envisages contributing to meeting the fundamental conditions set out by the European Commission to ensure the success of the instrument, by proposing several lines of approach; is, moreover, ready to act as a driving force for generating the political momentum needed to develop use of this instrument; nevertheless, stresses that no initiative can succeed without the support and commitment of the Member States concerned as well as that of the European Commission. |
| --- | --- |

2.9

envisages contributing to meeting the fundamental conditions set out by the European Commission to ensure the success of the instrument, by proposing several lines of approach; is, moreover, ready to act as a driving force for generating the political momentum needed to develop use of this instrument; nevertheless, stresses that no initiative can succeed without the support and commitment of the Member States concerned as well as that of the European Commission.

3.   The establishment of European territorial pacts: the Committee of the Regions' recommendations

The Committee of the Regions

| 3.1 | advocates a revision of the tripartite contracts and agreements and their redefinition as European territorial pacts so as to adapt them to the needs and interests of the various tiers of government likely to be party to them; |
| --- | --- |

3.1

advocates a revision of the tripartite contracts and agreements and their redefinition as European territorial pacts so as to adapt them to the needs and interests of the various tiers of government likely to be party to them;

| 3.2 | trusts that the European territorial pacts will make it possible to:






  — | coordinate and synchronise, at various institutional levels, the programming, planning, decision-making, implementation and administrative processes of major EU policy objectives and projects; |
| --- | --- | --- |

3.2

trusts that the European territorial pacts will make it possible to:

—

coordinate and synchronise, at various institutional levels, the programming, planning, decision-making, implementation and administrative processes of major EU policy objectives and projects;

| — | deliver the EU's key political goals and priorities flexibly, effectively and on a voluntary basis through targeted partnerships that facilitate, among other things, the pursuit of cohesion policy objectives; a local-level approach to the Lisbon strategy; highly targeted communication initiatives; and local-level coordination of key European policies in areas such as transport and energy, as well as implementation of integrated policy strategies, as in the case of maritime and coastal policy; |
| --- | --- |

—

deliver the EU's key political goals and priorities flexibly, effectively and on a voluntary basis through targeted partnerships that facilitate, among other things, the pursuit of cohesion policy objectives; a local-level approach to the Lisbon strategy; highly targeted communication initiatives; and local-level coordination of key European policies in areas such as transport and energy, as well as implementation of integrated policy strategies, as in the case of maritime and coastal policy;

| — | secure the effective management of tripartite contracts and agreements as initially proposed by the European Commission so as to arrive at solutions that reflect grassroots concerns and do not require recourse to heavy and expensive legislative and/or regulatory mechanisms, and to develop partnership-based projects under the responsibility of the regions and local authorities and enjoying technical and financial support from the national and European levels. This could prove particularly useful in regions with a serious natural and/or economic and social handicap or by sparsely populated regions — such as those on the outermost fringes — where European legislation and policies may sometimes be difficult to transpose or apply; |
| --- | --- |

—

secure the effective management of tripartite contracts and agreements as initially proposed by the European Commission so as to arrive at solutions that reflect grassroots concerns and do not require recourse to heavy and expensive legislative and/or regulatory mechanisms, and to develop partnership-based projects under the responsibility of the regions and local authorities and enjoying technical and financial support from the national and European levels. This could prove particularly useful in regions with a serious natural and/or economic and social handicap or by sparsely populated regions — such as those on the outermost fringes — where European legislation and policies may sometimes be difficult to transpose or apply;

| 3.3 | stresses that these policy tools would, in themselves, deliver a great deal of added value both for regional and local authorities and for the European Union as they would make it possible to tailor EU activities more effectively to real local and regional needs, and would thus more readily respond to specific grassroots concerns; |
| --- | --- |

3.3

stresses that these policy tools would, in themselves, deliver a great deal of added value both for regional and local authorities and for the European Union as they would make it possible to tailor EU activities more effectively to real local and regional needs, and would thus more readily respond to specific grassroots concerns;

| 3.4 | affirms its willingness to work together with the European Commission, the EU presidency and the other institutions concerned, in particular with the High Level Group on Governance, to identify and assess the specific added value of such contracts and agreements by establishing appropriate yardsticks and indicators; |
| --- | --- |

3.4

affirms its willingness to work together with the European Commission, the EU presidency and the other institutions concerned, in particular with the High Level Group on Governance, to identify and assess the specific added value of such contracts and agreements by establishing appropriate yardsticks and indicators;

| 3.5 | feels that the freedom to draw on European territorial pacts of this kind and the negotiation of such pacts on the basis of a shared commitment on the part of the various stakeholders concerned would be conducive to strengthening ongoing and regular dialogue between the three tiers of government — from drafting right up to implementation, including instances where more than one Member State might be involved. This instrument must, in any case, be designed to be fully in keeping with existing legislation, whether regional, national or European, regarding both the division of powers in each Member States and compliance with current sectoral rules or those governing the management and control of financial resources; |
| --- | --- |

3.5

feels that the freedom to draw on European territorial pacts of this kind and the negotiation of such pacts on the basis of a shared commitment on the part of the various stakeholders concerned would be conducive to strengthening ongoing and regular dialogue between the three tiers of government — from drafting right up to implementation, including instances where more than one Member State might be involved. This instrument must, in any case, be designed to be fully in keeping with existing legislation, whether regional, national or European, regarding both the division of powers in each Member States and compliance with current sectoral rules or those governing the management and control of financial resources;

| 3.6 | thinks that, in pursuit of the common objectives, there can be no genuine partnership without financial input from each of the parties to the agreement; proposes that any consideration of the funding of European territorial pacts should focus on potential synergies between (i) at European level, existing budget headings in the policy areas concerned and the Structural Funds, and (ii) budget resources available at local, regional and national level, without creating an additional Community regional policy instrument or applying for additional funding to achieve the aim in question; |
| --- | --- |

3.6

thinks that, in pursuit of the common objectives, there can be no genuine partnership without financial input from each of the parties to the agreement; proposes that any consideration of the funding of European territorial pacts should focus on potential synergies between (i) at European level, existing budget headings in the policy areas concerned and the Structural Funds, and (ii) budget resources available at local, regional and national level, without creating an additional Community regional policy instrument or applying for additional funding to achieve the aim in question;

| 3.7 | considers that the common aim should be to optimise the impact of the initiative by making quite clear, at field level, the added Community value it brings. This added value becomes clear when powers to legislate for, develop or implement certain policies are spread between different public administrations (European, national, regional or local); calls on the European Commission to determine precise indicators for defining this added value; |
| --- | --- |

3.7

considers that the common aim should be to optimise the impact of the initiative by making quite clear, at field level, the added Community value it brings. This added value becomes clear when powers to legislate for, develop or implement certain policies are spread between different public administrations (European, national, regional or local); calls on the European Commission to determine precise indicators for defining this added value;

| 3.8 | asks the European Commission to broaden the European territorial pacts for use in other fields and other European policy areas such as the environment, and to foster their use in relation, among other things, to the Lisbon strategy, cohesion policy, major European infrastructure and maritime policy; |
| --- | --- |

3.8

asks the European Commission to broaden the European territorial pacts for use in other fields and other European policy areas such as the environment, and to foster their use in relation, among other things, to the Lisbon strategy, cohesion policy, major European infrastructure and maritime policy;

| 3.9 | considers it advisable to step up consultation between the European Union, the EU Council, the European Parliament and the Committee of the Regions to develop and implement the European territorial pacts; feels, moreover, that this can only be done with the support of the national governments involved; |
| --- | --- |

3.9

considers it advisable to step up consultation between the European Union, the EU Council, the European Parliament and the Committee of the Regions to develop and implement the European territorial pacts; feels, moreover, that this can only be done with the support of the national governments involved;

| 3.10 | repeats its request to the European Commission to reinforce horizontal coordination by its secretariat-general in the management of this new tool; |
| --- | --- |

3.10

repeats its request to the European Commission to reinforce horizontal coordination by its secretariat-general in the management of this new tool;

| 3.11 | proposes that regular consultation mechanisms be put in place between the various government authorities involved in a territorial pact; these mechanisms must remain flexible and involve only a limited number of staff; territorial pacts must be designed in such a way that the Commission is able to conclude them with all Member States and regional or local bodies which fulfil the established criteria and conditions, meeting the requirements of objectivity, openness and transparency. The regions undertake to cooperate with the Commission and the Member States in establishing such criteria; |
| --- | --- |

3.11

proposes that regular consultation mechanisms be put in place between the various government authorities involved in a territorial pact; these mechanisms must remain flexible and involve only a limited number of staff; territorial pacts must be designed in such a way that the Commission is able to conclude them with all Member States and regional or local bodies which fulfil the established criteria and conditions, meeting the requirements of objectivity, openness and transparency. The regions undertake to cooperate with the Commission and the Member States in establishing such criteria;

| 3.12 | considers it vital to improve interplay and information exchange between local and regional authorities who are party to territorial pacts; and proposes that provision be made for annual monitoring through yearly meetings between the government authorities involved, or through public hearings; |
| --- | --- |

3.12

considers it vital to improve interplay and information exchange between local and regional authorities who are party to territorial pacts; and proposes that provision be made for annual monitoring through yearly meetings between the government authorities involved, or through public hearings;

| 3.13 | calls, in conclusion, on the European Commission to set in motion a genuine information campaign, coupled with awareness-raising activities, for the launch of the European territorial pacts, targeted at all potential stakeholders and clearly highlighting the purpose and political importance of the instrument; |
| --- | --- |

3.13

calls, in conclusion, on the European Commission to set in motion a genuine information campaign, coupled with awareness-raising activities, for the launch of the European territorial pacts, targeted at all potential stakeholders and clearly highlighting the purpose and political importance of the instrument;

| 3.14 | believes it to be necessary that the definition of territorial pacts make formal reference to the importance of local social partners, who are players in local and regional development; |
| --- | --- |

3.14

believes it to be necessary that the definition of territorial pacts make formal reference to the importance of local social partners, who are players in local and regional development;

| 3.15 | considers it advisable, given the important role that citizen participation should play in identifying the objectives of the European territorial pacts, that actions are carried out by the European institutions to encourage this participation as well as the implementation of proposals for instruments facilitating citizen participation; |
| --- | --- |

3.15

considers it advisable, given the important role that citizen participation should play in identifying the objectives of the European territorial pacts, that actions are carried out by the European institutions to encourage this participation as well as the implementation of proposals for instruments facilitating citizen participation;

| 3.16 | instructs its president to forward this opinion to the Council, the European Commission, the European Parliament, Member State governments and the High Level Group on Governance and the EU. |
| --- | --- |

3.16

instructs its president to forward this opinion to the Council, the European Commission, the European Parliament, Member State governments and the High Level Group on Governance and the EU.

Brussels, 12 October 2006

The President

of the Committee of the Regions

Michel DELEBARRE

---

(1)  OJ C 287 of 12.10.2001, p. 1-29.

1

(2)  OJ C 81 of 4.4.2006, p. 6-10.

2

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| 6.3.2007 | EN | Official Journal of the European Union | C 51/35 |
| --- | --- | --- | --- |

6.3.2007

EN

Official Journal of the European Union

C 51/35

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Opinion of the Committee of the Regions on The situation of unaccompanied minors in the migration process — the role and suggestions of regional and local authorities

(2007/C 51/07)

THE COMMITTEE OF THE REGIONS,

Having regard to the decision of its Bureau of 25 April 2006, under the fifth paragraph of Article 265 of the Treaty establishing the European Community, to instruct its Commission for Constitutional Affairs, European Governance and the Area of Freedom, Security and Justice to draw up an opinion on this subject;

Having regard to its opinion (CdR 241/2004 fin) on the Green Paper — equality and non-discrimination in an enlarged European Union, COM(2004) 379 final;

Having regard to its opinion (CdR 337/2004 fin) on the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the Committee of the Regions — Study on the links between legal and illegal migration, COM(2004) 412 final;

Having regard to its opinion (CdR 80/2005 fin) on the Communication from the Commission on the Social Agenda, COM(2005) 33 final;

Having regard to its opinion (CdR 144/2005 fin) on the Communication from the Commission to the Council and to the European Parliament establishing a framework programme on Solidarity and the Management of Migration Flows for the period 2007-2013, COM(2005) 123 final;

Having regard to its opinion (CdR 51/2006) on the Communication on A Common Agenda for Integration — Framework for the Integration of Third-Country Nationals in the European Union, COM(2005) 389 final, on the Communication on Migration and Development: Some concrete orientations, COM(2005) 390 final, and on the Proposal for a Directive of the European Parliament and of the Council on common standards and procedures in Member States for returning illegally staying third-country nationals, COM(2005) 391 final;

Having regard to the Communication from the Commission on The local and regional dimension of the area of freedom, security and justice, COM(2002) 738 final;

Having regard to the Communication from the Commission to the Council and the European Parliament on the managed entry in the EU of persons in need of international protection and the enhancement of the protection capacity of the regions of origin — improving access to durable solutions, COM(2004) 410 final;

Having regard to EC Council Directive 2004/83/EC of 29 April 2004 on Minimum standards for the qualification and status of third country nationals or stateless persons as refugees or as persons who otherwise need international protection and the content of the protection granted;

Having regard to Council Directive 2004/81/EC of 29 April 2004 on the residence permit issued to third-country nationals who are victims of trafficking in human beings or who have been the subject of an action to facilitate illegal immigration, who cooperate with the competent authorities;

Having regard to the Proposal for a Decision of the European Parliament and the Council establishing the External Borders Fund for the period 2007-2013 as part of the General programme Solidarity and management of migration flows, 2005/0047 (COD);

Having regard to the Proposal for a Council Decision establishing the European Fund for the Integration of Third-country Nationals for the period 2007-2013 as part of the General programme Solidarity and management of migration flows, 2005/0048 (CNS);

Having regard to the Proposal for a Decision of the European Parliament and Council establishing the European Return Fund for the period 2008-2013 as part of the General programme Solidarity and management of migration flows, 2005/0049 (COD);

Having regard to the draft opinion (CdR 136/2006) adopted on 30 June 2006 by the CONST commission (rapporteur: Mr Fontanelli, Mayor of Pisa (IT/PES);

Whereas:

| 1) | Unaccompanied minors, according to the Council of Europe Resolution of 26 June 1997, are ‘third-country nationals below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively in the care of such a person’; |
| --- | --- |

1)

Unaccompanied minors, according to the Council of Europe Resolution of 26 June 1997, are ‘third-country nationals below the age of eighteen, who arrive on the territory of the Member States unaccompanied by an adult responsible for them whether by law or custom, and for as long as they are not effectively in the care of such a person’;

| 2) | The protection of minors, unaccompanied minors and young asylum seekers, being particularly vulnerable groups and those most at risk of social exclusion, must be a priority for the European Union, for its partner countries and for local and regional authorities; |
| --- | --- |

2)

The protection of minors, unaccompanied minors and young asylum seekers, being particularly vulnerable groups and those most at risk of social exclusion, must be a priority for the European Union, for its partner countries and for local and regional authorities;

| 3) | On account of the inherently irregular nature of the entry into partner countries of particularly vulnerable groups, such as victims of trafficking, asylum seekers and unaccompanied minors, managing such migration flows involves procedures under broader policies against irregular immigration; |
| --- | --- |

3)

On account of the inherently irregular nature of the entry into partner countries of particularly vulnerable groups, such as victims of trafficking, asylum seekers and unaccompanied minors, managing such migration flows involves procedures under broader policies against irregular immigration;

| 4) | These particular migration flows fall into a regulatory grey area between initially irregular entry and subsequent legal stay, in accordance with the duty of protection guaranteed by national and international law; |
| --- | --- |

4)

These particular migration flows fall into a regulatory grey area between initially irregular entry and subsequent legal stay, in accordance with the duty of protection guaranteed by national and international law;

| 5) | It is currently difficult to obtain EU-level data on this issue, because national authorities employ different methods of classifying unaccompanied minors. In some countries they are classified for statistical purposes as asylum seekers, in other countries as economic migrants and in others as abandoned minors; |
| --- | --- |

5)

It is currently difficult to obtain EU-level data on this issue, because national authorities employ different methods of classifying unaccompanied minors. In some countries they are classified for statistical purposes as asylum seekers, in other countries as economic migrants and in others as abandoned minors;

| 6) | The United Nations High Commission for Refugees (UNHCR) estimates that there are approximately 25 million refugees worldwide and that 50 % of these are children. According to recent estimates, between 2 % and 3 % of these are unaccompanied minors; |
| --- | --- |

6)

The United Nations High Commission for Refugees (UNHCR) estimates that there are approximately 25 million refugees worldwide and that 50 % of these are children. According to recent estimates, between 2 % and 3 % of these are unaccompanied minors;

| 7) | UNICEF estimates that the number of children trafficked annually, internally and externally, is around 1.2 million (UNICEF report — Stop the Traffic, July 2003). The Separated Children in Europe Programme, a joint initiative of the International Save the Children Alliance and the UNHCR, conservatively estimates that there are at least 100 000 unaccompanied minors in Europe. In Italy, according to the national authority for the protection of foreign minors (Comitato Minori Stranieri) unaccompanied minors number approximately 8 000 annually, with numbers rising in recent years. In Spain, the authorities estimate between 3 000 and 4 000 unaccompanied minors annually, while in France, Holland, Belgium it ranges from 5 000 to 6 000 each year. The number of unaccompanied minors is undoubtedly much greater when irregular entry is taken into account, and the difficulty in accounting for those present following irregular entry; |
| --- | --- |

7)

UNICEF estimates that the number of children trafficked annually, internally and externally, is around 1.2 million (UNICEF report — Stop the Traffic, July 2003). The Separated Children in Europe Programme, a joint initiative of the International Save the Children Alliance and the UNHCR, conservatively estimates that there are at least 100 000 unaccompanied minors in Europe. In Italy, according to the national authority for the protection of foreign minors (Comitato Minori Stranieri) unaccompanied minors number approximately 8 000 annually, with numbers rising in recent years. In Spain, the authorities estimate between 3 000 and 4 000 unaccompanied minors annually, while in France, Holland, Belgium it ranges from 5 000 to 6 000 each year. The number of unaccompanied minors is undoubtedly much greater when irregular entry is taken into account, and the difficulty in accounting for those present following irregular entry;

| 8) | These unaccompanied minors come predominately from North African countries, and, in particular, Morocco, from sub-Saharan Africa (Senegal, Mali, Guinea, Cameroon, etc.) from Asian countries, especially Afghanistan, and from countries in Eastern Europe, particularly Romania, Moldova, Albania and the former Yugoslav republics; |
| --- | --- |

8)

These unaccompanied minors come predominately from North African countries, and, in particular, Morocco, from sub-Saharan Africa (Senegal, Mali, Guinea, Cameroon, etc.) from Asian countries, especially Afghanistan, and from countries in Eastern Europe, particularly Romania, Moldova, Albania and the former Yugoslav republics;

| 9) | The task of assisting unaccompanied minors often falls entirely to local and regional authorities, which have to take emergency measures to deal with this phenomenon as they do not have policies to refer to, effective powers to solve the problem at source, the legal capacity to adopt decisions relating to unification or assisted return, or action plans. This reduces their effectiveness and usefulness, while requiring a considerable investment of resources; |
| --- | --- |

9)

The task of assisting unaccompanied minors often falls entirely to local and regional authorities, which have to take emergency measures to deal with this phenomenon as they do not have policies to refer to, effective powers to solve the problem at source, the legal capacity to adopt decisions relating to unification or assisted return, or action plans. This reduces their effectiveness and usefulness, while requiring a considerable investment of resources;

adopted the following opinion at its 66th plenary session, held on 12 October 2006:

1.   Opinions of the Committee of the Regions

The Committee of the Regions

| 1.1 | considers it essential to coordinate and manage migration flows in the EU efficiently, while respecting the subsidiarity principle and protecting individual rights, particularly of the most vulnerable groups, not only to fight racism, xenophobia and other causes of insecurity, but also because it represents a necessary pre-condition to achieving the Lisbon growth objectives and, more generally, to realising the potential of the internal market; |
| --- | --- |

1.1

considers it essential to coordinate and manage migration flows in the EU efficiently, while respecting the subsidiarity principle and protecting individual rights, particularly of the most vulnerable groups, not only to fight racism, xenophobia and other causes of insecurity, but also because it represents a necessary pre-condition to achieving the Lisbon growth objectives and, more generally, to realising the potential of the internal market;

| 1.2 | recognises that first and foremost, if consistent and planned measures are to be implemented for dealing with unaccompanied minors, the main objectives must be:






  1) | to achieve a fully reliable analysis of the situation followed by an objective, statistics-based comparison of data at EU level among the partner countries; |
| --- | --- | --- |

1.2

recognises that first and foremost, if consistent and planned measures are to be implemented for dealing with unaccompanied minors, the main objectives must be:

1)

to achieve a fully reliable analysis of the situation followed by an objective, statistics-based comparison of data at EU level among the partner countries;

| 2) | to develop a priority programme of intervention in these minors' countries of origin. |
| --- | --- |

2)

to develop a priority programme of intervention in these minors' countries of origin.

| 1.3 | has decided, in this context, to draw up this own-initiative opinion on the situation of un-accompanied minors in the migration process, through which it proposes to illustrate the importance of this phenomenon as a part of migration flow management, given the specific vulnerability of such minors and the fact that they are used to abuse the protection system through activities encouraging child exploitation and labour; |
| --- | --- |

1.3

has decided, in this context, to draw up this own-initiative opinion on the situation of un-accompanied minors in the migration process, through which it proposes to illustrate the importance of this phenomenon as a part of migration flow management, given the specific vulnerability of such minors and the fact that they are used to abuse the protection system through activities encouraging child exploitation and labour;

| 1.4 | points out, that given the particular nature of the situation and given the urgent need for the partner countries to deal with the issue, the key elements in achieving an objective analysis of this phenomenon cannot be implemented without the active and continuous involvement of the local and regional authorities responsible for the care of these minors; |
| --- | --- |

1.4

points out, that given the particular nature of the situation and given the urgent need for the partner countries to deal with the issue, the key elements in achieving an objective analysis of this phenomenon cannot be implemented without the active and continuous involvement of the local and regional authorities responsible for the care of these minors;

| 1.5 | is convinced that in the approach to migration flow management a qualitative leap is needed regarding irregular migration, recognising the importance of border controls and, more generally, of efforts to coordinate the work of Member States' interior ministries, but placing emphasis on the equal importance of social and civilian territorial controls, without which, all countermeasures will be ineffective and will not produce the vital effects of governance called for repeatedly by the Commission. Efforts are needed to prevent minors from leaving their countries and to support assisted repatriation, by building up a system of protection in the countries concerned, focussing on measures to safeguard minors there; |
| --- | --- |

1.5

is convinced that in the approach to migration flow management a qualitative leap is needed regarding irregular migration, recognising the importance of border controls and, more generally, of efforts to coordinate the work of Member States' interior ministries, but placing emphasis on the equal importance of social and civilian territorial controls, without which, all countermeasures will be ineffective and will not produce the vital effects of governance called for repeatedly by the Commission. Efforts are needed to prevent minors from leaving their countries and to support assisted repatriation, by building up a system of protection in the countries concerned, focussing on measures to safeguard minors there;

| 1.6 | notes that the European Commission gives insufficient attention to the issue of unaccompanied minors and hopes that the Strategy on the Rights of the Child (COM(2006) 367 final) will effectively address this issue; |
| --- | --- |

1.6

notes that the European Commission gives insufficient attention to the issue of unaccompanied minors and hopes that the Strategy on the Rights of the Child (COM(2006) 367 final) will effectively address this issue;

| 1.7 | points out that the only way of addressing migration in the medium- and long-term is to introduce cooperation policies encouraging the sustainable development of immigrants' countries of origin, giving their citizens and their young people, in particular, opportunities in those countries; |
| --- | --- |

1.7

points out that the only way of addressing migration in the medium- and long-term is to introduce cooperation policies encouraging the sustainable development of immigrants' countries of origin, giving their citizens and their young people, in particular, opportunities in those countries;

| 1.8 | commends the Communication's adoption of a novel perspective which casts the country of origin as a stakeholder in migration management (COM(2005) 389 final); in this context, considers it essential to promote association agreements with countries of origin, which should establish a direct link between migration and the development that these countries need; |
| --- | --- |

1.8

commends the Communication's adoption of a novel perspective which casts the country of origin as a stakeholder in migration management (COM(2005) 389 final); in this context, considers it essential to promote association agreements with countries of origin, which should establish a direct link between migration and the development that these countries need;

| 1.9 | notes that in many cases it falls to local and regional authorities to receive and assist unaccompanied minors and that this includes the obligation to ensure housing, social and medical assistance and education. Where appropriate, they must integrate them into employment and carry out the major administrative task of documenting each individual case, shouldering the resulting financial burden; |
| --- | --- |

1.9

notes that in many cases it falls to local and regional authorities to receive and assist unaccompanied minors and that this includes the obligation to ensure housing, social and medical assistance and education. Where appropriate, they must integrate them into employment and carry out the major administrative task of documenting each individual case, shouldering the resulting financial burden;

| 1.10 | believes that the management of the European Fund for Integration should take into account the specific requirements of regional and local authorities, and supports their participation in negotiating national programmes and the relevant operational programmes; |
| --- | --- |

1.10

believes that the management of the European Fund for Integration should take into account the specific requirements of regional and local authorities, and supports their participation in negotiating national programmes and the relevant operational programmes;

| 1.11 | notes that the scale which this migration has now assumed, the impact that it has in the regions in terms of fulfilling specific needs and providing particular services and the rising trend over recent years, indicate that local and regional authorities must be fully involved in efforts to achieve effective governance of the phenomenon in such regions; it is also necessary for the national authorities to pursue a more active policy, facilitating cooperation between local and regional authorities, particularly with regard to vulnerable groups; |
| --- | --- |

1.11

notes that the scale which this migration has now assumed, the impact that it has in the regions in terms of fulfilling specific needs and providing particular services and the rising trend over recent years, indicate that local and regional authorities must be fully involved in efforts to achieve effective governance of the phenomenon in such regions; it is also necessary for the national authorities to pursue a more active policy, facilitating cooperation between local and regional authorities, particularly with regard to vulnerable groups;

| 1.12 | highlights, in spite of the lack of data available, the extraordinary work being carried out by the relevant administrations in each of the Member States, which has come to light in researching this opinion and recognises the high level of professionalism and service ethic of officials, as well as the vital support of Non-governmental Organisations and child protection bodies and their work in recent years to protect the most vulnerable, including young asylum seekers and victims of trafficking; |
| --- | --- |

1.12

highlights, in spite of the lack of data available, the extraordinary work being carried out by the relevant administrations in each of the Member States, which has come to light in researching this opinion and recognises the high level of professionalism and service ethic of officials, as well as the vital support of Non-governmental Organisations and child protection bodies and their work in recent years to protect the most vulnerable, including young asylum seekers and victims of trafficking;

| 1.13 | regrets that not all Member States have unified procedures and structures with regard to the protection of unaccompanied minors and calls for Member States to implement existing EU measures as uniformly as possible; also regrets the implementation of haphazard measures, often involving a conflict of powers between the various levels of government, with a high risk of real and substantial discrimination in the treatment of minors by the various Member States, but particularly within individual Member States; |
| --- | --- |

1.13

regrets that not all Member States have unified procedures and structures with regard to the protection of unaccompanied minors and calls for Member States to implement existing EU measures as uniformly as possible; also regrets the implementation of haphazard measures, often involving a conflict of powers between the various levels of government, with a high risk of real and substantial discrimination in the treatment of minors by the various Member States, but particularly within individual Member States;

| 1.14 | emphasises from the start that the problem of unaccompanied minors predominately affects regions bordering on their areas of origin, and the more economically-developed municipalities and regions with more job opportunities, and that therefore there is a risk of paying insufficient attention to the difficulties faced by densely populated municipalities and regions with direct repercussions on their ability to effectively protect minors; similarly, small and medium-sized local and regional authorities also have scarce resources, hampering their ability to act; |
| --- | --- |

1.14

emphasises from the start that the problem of unaccompanied minors predominately affects regions bordering on their areas of origin, and the more economically-developed municipalities and regions with more job opportunities, and that therefore there is a risk of paying insufficient attention to the difficulties faced by densely populated municipalities and regions with direct repercussions on their ability to effectively protect minors; similarly, small and medium-sized local and regional authorities also have scarce resources, hampering their ability to act;

| 1.15 | restates its disappointment regarding the Commission's approach, in its use of loose phrasing in recent proposals — COM(2005) 389 final, COM(2005) 390 final and COM(2005) 391 final — which refer to the forced return of unaccompanied minors and trafficking victims, without any explicit or binding reference to any specific article of the European Convention for the Protection of Human Rights and Fundamental Freedoms or of the Convention on Children's Rights of 1989; |
| --- | --- |

1.15

restates its disappointment regarding the Commission's approach, in its use of loose phrasing in recent proposals — COM(2005) 389 final, COM(2005) 390 final and COM(2005) 391 final — which refer to the forced return of unaccompanied minors and trafficking victims, without any explicit or binding reference to any specific article of the European Convention for the Protection of Human Rights and Fundamental Freedoms or of the Convention on Children's Rights of 1989;

| 1.16 | considers it essential to provide local and regional services, with specialised staff, to meet the particular needs of unaccompanied minors, asylum seekers and trafficking victims, who are at high risk of discrimination and social exclusion, and to carry out checks to combat the abuse of rights and fraud to which child protection systems are subjected to, by means of:






  — | specific trauma-related healthcare, including ethnopsychiatry; |
| --- | --- | --- |

1.16

considers it essential to provide local and regional services, with specialised staff, to meet the particular needs of unaccompanied minors, asylum seekers and trafficking victims, who are at high risk of discrimination and social exclusion, and to carry out checks to combat the abuse of rights and fraud to which child protection systems are subjected to, by means of:

—

specific trauma-related healthcare, including ethnopsychiatry;

| — | specific services for minors subjected to detention within the juvenile justice system; |
| --- | --- |

—

specific services for minors subjected to detention within the juvenile justice system;

| — | support for fostering procedures, perhaps involving families of the same cultural origin; |
| --- | --- |

—

support for fostering procedures, perhaps involving families of the same cultural origin;

| — | more active cooperation with the countries of origin and support for localised cooperation between the community of origin and the host community, based on the experience gained by local and regional authorities; |
| --- | --- |

—

more active cooperation with the countries of origin and support for localised cooperation between the community of origin and the host community, based on the experience gained by local and regional authorities;

| — | educational initiatives to help integrate unaccompanied third-country minors into the school system, with a special focus on learning the language of the host country; |
| --- | --- |

—

educational initiatives to help integrate unaccompanied third-country minors into the school system, with a special focus on learning the language of the host country;

| — | protection of unaccompanied minors who are refugees in EU states against further contact with illegal immigrant smuggling organisations. |
| --- | --- |

—

protection of unaccompanied minors who are refugees in EU states against further contact with illegal immigrant smuggling organisations.

2.   Recommendations of the Committee of the Regions

2.1   Towards greater awareness of the issue of unaccompanied minors

The Committee of the Regions

| 2.1.1 | considers insufficient the current legislation at European level and in certain Member States on asylum-seeking unaccompanied minors and therefore calls for measures to offset:






  — | the absence of specific procedures for requesting asylum that offer suitable protection, |
| --- | --- | --- |

2.1.1

considers insufficient the current legislation at European level and in certain Member States on asylum-seeking unaccompanied minors and therefore calls for measures to offset:

—

the absence of specific procedures for requesting asylum that offer suitable protection,

| — | the absence of specific services with the requisite professional input and adequate resources, both economic and material, |
| --- | --- |

—

the absence of specific services with the requisite professional input and adequate resources, both economic and material,

| — | the absence of specific references in recent asylum directives (Dublin Convention II), |
| --- | --- |

—

the absence of specific references in recent asylum directives (Dublin Convention II),

| — | the absence of procedures for appointing a guardian, fully versed in asylum issues, who could receive support up until the closure of the procedure for recognising the minor's refugee or other status, |
| --- | --- |

—

the absence of procedures for appointing a guardian, fully versed in asylum issues, who could receive support up until the closure of the procedure for recognising the minor's refugee or other status,

| — | the absence of measures aimed at preventing discrimination and social exclusion, with particular regard to the detention of minors under the juvenile justice system; |
| --- | --- |

—

the absence of measures aimed at preventing discrimination and social exclusion, with particular regard to the detention of minors under the juvenile justice system;

| 2.1.2 | calls for an urgent debate with the Council, the Commission and the Parliament on approaching the issue of unaccompanied minors at local level, looking in detail at the difficulties faced by local and regional authorities and how they can contribute specifically. It would also be aimed at emphasising the need for a statistical assessment of the phenomenon at EU level. For this reason, the Committee proposes practical measures for better governance of the situation; |
| --- | --- |

2.1.2

calls for an urgent debate with the Council, the Commission and the Parliament on approaching the issue of unaccompanied minors at local level, looking in detail at the difficulties faced by local and regional authorities and how they can contribute specifically. It would also be aimed at emphasising the need for a statistical assessment of the phenomenon at EU level. For this reason, the Committee proposes practical measures for better governance of the situation;

| 2.1.3 | hopes that during this EU-level debate on such an important issue as unaccompanied minors, particular importance will be given to the situation and role of the communities and families of origin; |
| --- | --- |

2.1.3

hopes that during this EU-level debate on such an important issue as unaccompanied minors, particular importance will be given to the situation and role of the communities and families of origin;

| 2.1.4 | hopes that planned new legal and political measures and programmes regarding unaccompanied minors, while in the context of migration flow management, will always be aimed at upholding the principles of the UN Convention on the Rights of the Child of 1989 and in particular, Article 3 therein, the principles set out in the Treaty establishing the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other key international instruments relating to unaccompanied children and, more generally, that they will always be in the best interests of minors, including measures geared to avoiding the removal of minors from their family and cultural environment, and ensuring maximum protection for minors when they have to leave their countries of origin because of their ideas or beliefs. |
| --- | --- |

2.1.4

hopes that planned new legal and political measures and programmes regarding unaccompanied minors, while in the context of migration flow management, will always be aimed at upholding the principles of the UN Convention on the Rights of the Child of 1989 and in particular, Article 3 therein, the principles set out in the Treaty establishing the European Union, the European Convention for the Protection of Human Rights and Fundamental Freedoms and other key international instruments relating to unaccompanied children and, more generally, that they will always be in the best interests of minors, including measures geared to avoiding the removal of minors from their family and cultural environment, and ensuring maximum protection for minors when they have to leave their countries of origin because of their ideas or beliefs.

2.2   Urgent need for EU measures to protect unaccompanied minors

The Committee of the Regions

| 2.2.1 | calls for greater awareness of the problem at EU level and believes that certain recent legislation has overlooked the need to protect the rights of these minors. The effect of the absence in some Member States of a unified procedure at national level has been to oblige local and regional authorities to assume responsibility for managing the phenomenon at local level and for the resulting financial burden; |
| --- | --- |

2.2.1

calls for greater awareness of the problem at EU level and believes that certain recent legislation has overlooked the need to protect the rights of these minors. The effect of the absence in some Member States of a unified procedure at national level has been to oblige local and regional authorities to assume responsibility for managing the phenomenon at local level and for the resulting financial burden;

| 2.2.2 | stresses the urgent need for establishing a common and consistent approach to the issue of unaccompanied minors, as an element of migration, which takes account of the extremely delicate nature of the issue of minors and their protection, of the vital role of communities and families of origin and finally, of the need to give particular attention to the role of local and regional authorities, with whom responsibility lies for receiving these minors and providing social support; |
| --- | --- |

2.2.2

stresses the urgent need for establishing a common and consistent approach to the issue of unaccompanied minors, as an element of migration, which takes account of the extremely delicate nature of the issue of minors and their protection, of the vital role of communities and families of origin and finally, of the need to give particular attention to the role of local and regional authorities, with whom responsibility lies for receiving these minors and providing social support;

| 2.2.3 | calls for consideration to also be given to the role of the juvenile justice system in relation to unaccompanied minors, due to the possible risk of discrimination and social exclusion, taking account, where appropriate, of the possibility of returning minors to their family environment. |
| --- | --- |

2.2.3

calls for consideration to also be given to the role of the juvenile justice system in relation to unaccompanied minors, due to the possible risk of discrimination and social exclusion, taking account, where appropriate, of the possibility of returning minors to their family environment.

2.3   Strengthening the role of local and regional authorities, through a bottom-up approach — proposals for approaching the issue of unaccompanied minors, potential asylum seekers and trafficking victims

The Committee of the Regions

| 2.3.1 | welcomes the fact that increasingly measures for governing migration are being taken at EU-level. If Member States were to have sole responsibility, this would be out of keeping with the complex relationship between the assorted policies for managing migration flows and the responsibilities that lie with local and regional authorities regarding reception and social inclusion at local level of the most vulnerable groups, including trafficking victims, asylum seekers and unaccompanied minors; |
| --- | --- |

2.3.1

welcomes the fact that increasingly measures for governing migration are being taken at EU-level. If Member States were to have sole responsibility, this would be out of keeping with the complex relationship between the assorted policies for managing migration flows and the responsibilities that lie with local and regional authorities regarding reception and social inclusion at local level of the most vulnerable groups, including trafficking victims, asylum seekers and unaccompanied minors;

| 2.3.2 | calls for full involvement of local and regional authorities, in order to achieve effective governance of the phenomenon at local level, particularly with regard to vulnerable groups. It is also essential to achieve complementarity and cooperation between all the NGOs involved, so that all action is coordinated with the respective authorities, unless this conflicts with the overriding interest of the child. Dialogue and coordinating mechanisms must be established at an early stage of the crisis and be maintained throughout the whole process. The scale which this migration has now assumed, the impact that it has in the regions in terms of fulfilling specific needs and providing particular services and its increase in recent years, necessitate such an approach. A forecast study should be drawn up on the basis of this analysis. |
| --- | --- |

2.3.2

calls for full involvement of local and regional authorities, in order to achieve effective governance of the phenomenon at local level, particularly with regard to vulnerable groups. It is also essential to achieve complementarity and cooperation between all the NGOs involved, so that all action is coordinated with the respective authorities, unless this conflicts with the overriding interest of the child. Dialogue and coordinating mechanisms must be established at an early stage of the crisis and be maintained throughout the whole process. The scale which this migration has now assumed, the impact that it has in the regions in terms of fulfilling specific needs and providing particular services and its increase in recent years, necessitate such an approach. A forecast study should be drawn up on the basis of this analysis.

| 2.3.3 | The Committee of the Regions therefore believes it necessary to:






  a) | introduce EU legislation that recognises the status of unaccompanied minors, including those seeking asylum and those who are victims of trafficking, which recognises the fundamental rights of minors and their particular need for protection, by means of clear rules regarding:






  — | specific procedures for determining the age and identity of the minor as accurately as possible; |
| --- | --- | --- | --- |

2.3.3

The Committee of the Regions therefore believes it necessary to:

a)

introduce EU legislation that recognises the status of unaccompanied minors, including those seeking asylum and those who are victims of trafficking, which recognises the fundamental rights of minors and their particular need for protection, by means of clear rules regarding:

—

specific procedures for determining the age and identity of the minor as accurately as possible;

| — | practical measures to prevent fraudulent use of the law and abuse of rights in recourse to protection systems; |
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—

practical measures to prevent fraudulent use of the law and abuse of rights in recourse to protection systems;

| — | specific terms for appointing a guardian; |
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—

specific terms for appointing a guardian;

| — | preference for the fostering process; |
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—

preference for the fostering process;

| — | recognition of the rights involved in joining society as an adult, from their eighteenth birthday, once the relevant legal authority has been consulted; |
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—

recognition of the rights involved in joining society as an adult, from their eighteenth birthday, once the relevant legal authority has been consulted;

| — | the search procedure for tracing family members with the aim of family reunification; |
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—

the search procedure for tracing family members with the aim of family reunification;

| — | the promotion of measures that support protection initiatives in the countries of origin; |
| --- | --- |

—

the promotion of measures that support protection initiatives in the countries of origin;

| — | the involvement of the communities and families of origin; |
| --- | --- |

—

the involvement of the communities and families of origin;

| — | provisions on assisted return, only when in the best interest of the minor and always following consultation with the family, taking into account any international conventions on the protection of minors, ratified by the country of origin; |
| --- | --- |

—

provisions on assisted return, only when in the best interest of the minor and always following consultation with the family, taking into account any international conventions on the protection of minors, ratified by the country of origin;

| — | the definition of procedures and conditions in the event of an emergency; |
| --- | --- |

—

the definition of procedures and conditions in the event of an emergency;

| — | consultation with the minor on all matters concerning him/her, guaranteeing the public prosecutor's involvement in the defence of his/her interests; |
| --- | --- |

—

consultation with the minor on all matters concerning him/her, guaranteeing the public prosecutor's involvement in the defence of his/her interests;

| b) | establish a local intervention programme, in the form of a network (European network for the protection of minors) focusing on unaccompanied minors, which would provide specific services that could be integrated with the existing network of social services and which would provide for reception, integration and support for the communities and families of origin and would also support pilot projects by local authorities involving local cooperation, based on the initiatives promoted and established by local and regional authorities in close cooperation with non-governmental organisations and establishing criteria for the even distribution of unaccompanied minors throughout the European Union. To this end, the Committee of the Regions is undertaking to collate the best practices of the EU's local and regional authorities, in order to create a catalogue of experiences regarding reception, social inclusion and family reunification; to this end, a monitoring committee could be set up to oversee in the field the conditions in which these procedures are carried out, and which would be able to propose specific measures whenever it saw the need for improvements; |
| --- | --- |

b)

establish a local intervention programme, in the form of a network (European network for the protection of minors) focusing on unaccompanied minors, which would provide specific services that could be integrated with the existing network of social services and which would provide for reception, integration and support for the communities and families of origin and would also support pilot projects by local authorities involving local cooperation, based on the initiatives promoted and established by local and regional authorities in close cooperation with non-governmental organisations and establishing criteria for the even distribution of unaccompanied minors throughout the European Union. To this end, the Committee of the Regions is undertaking to collate the best practices of the EU's local and regional authorities, in order to create a catalogue of experiences regarding reception, social inclusion and family reunification; to this end, a monitoring committee could be set up to oversee in the field the conditions in which these procedures are carried out, and which would be able to propose specific measures whenever it saw the need for improvements;

| c) | establish, in cases where minors remain in the host country, the measures needed in order to integrate them properly into the education system, to enable them to learn the language of the host country and to become familiar with the democratic values of the host society |
| --- | --- |

c)

establish, in cases where minors remain in the host country, the measures needed in order to integrate them properly into the education system, to enable them to learn the language of the host country and to become familiar with the democratic values of the host society

| d) | identify the areas from which the majority of the minors originate and target cooperation initiatives, neighbourhood policy and specific child- and adolescent-centred initiatives on these areas, with the involvement of the communities of origin; |
| --- | --- |

d)

identify the areas from which the majority of the minors originate and target cooperation initiatives, neighbourhood policy and specific child- and adolescent-centred initiatives on these areas, with the involvement of the communities of origin;

| e) | introduce a social protection residence permit, by means of cooperation with the interior ministries, in order to facilitate a way out of exploitation and to combat criminal organisations effectively; |
| --- | --- |

e)

introduce a social protection residence permit, by means of cooperation with the interior ministries, in order to facilitate a way out of exploitation and to combat criminal organisations effectively;

| f) | schedule a biennial European conference on unaccompanied minors and similar conferences at national level and encourage attendance by non-governmental organisations, immigrant associations and other associations specialising in immigration; |
| --- | --- |

f)

schedule a biennial European conference on unaccompanied minors and similar conferences at national level and encourage attendance by non-governmental organisations, immigrant associations and other associations specialising in immigration;

| g) | ensure full financing by national and European authorities of resources for the reception and integration of unaccompanied foreign minors. |
| --- | --- |

g)

ensure full financing by national and European authorities of resources for the reception and integration of unaccompanied foreign minors.

Brussels, 12 October 2006.

The President

of the Committee of the Regions

Michel DELEBARRE

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