Opinion on 'The 1996 Intergovernmental Conference: the role of the Economic and Social Committee'

(96/C 39/15)

On 23 November 1995 the Economic and Social Committee, acting under the third paragraph of Rule 23 of the Rules of Procedure, decided to draw up an Opinion on 'The 1996 Intergovernmental Conference: the role of the Economic and social Committee'.

The Bureau's Ad Hoc Group on the 1996 IGC and the role of the Committee was instructed to prepare the ESC's work on the subject. The Rapporteur was Mrs Cassina.

At its 330th Plenary Session (meeting of 23 November), the Committee adopted the following Opinion by a large majority, with 2 abstentions.

I. INTRODUCTION

Following the entry into force of the TEU, the ESC has held wide-ranging discussions on its aims as an advisory body, on how it may best advance its role, and also on strengthening the links that it maintains between the process of European integration and citizens' groups.

In April 1995 the Bureau adopted a document on the role of the Committee. The first part gives an overview of Europe's future; the second part deals with the following proposed changes to the Treaty. These are the results of the detailed discussions held at the ESC.

This Opinion was drawn up, following extensive discussions, by the Ad Hoc Group set up by the Bureau. The members of the Group were:

President: Carlos Ferrer (ESC President)

Rapporteur: Giacomina Cassina

Co-Rapporteurs: Manuel Cavaleiro Brandão (President of Group I - Employers)

Tom Jenkins (President of Group II - Workers)

Beatrice Rangoni Machiavelli

(President of Group III - Various Interests)

Members: André Laur (ESC Vice-President)

Klaus Boisserée

(member of Group III)

Bent Nielsen (ESC Vice-President)

Jean Pardon (President of the Section for Economic, Financial and Monetary Questions)

The Committee will continue this consideration of its aims in the short and longer term in order to make changes to - and heighten - its representativeness. The goal of its assessment will be to help tackle the major issues facing European society, including job creation, in order to further the European social model and reshape society by fully involving citizens' groups in the European venture.

II. PROPOSED AMENDMENTS TO THE TREATY ON EUROPEAN UNION

1. In discharging its consultative duties and, inter alia, through the use of its right of initiative, the ESC has often guided and even encouraged the Commission to draft proposals to respond to the changing needs of European society. The Commission's concern that the 'pre-legislative' phase should be more fully prepared has led it to step up consultations, not only with the social partners and national authorities, but also in many cases with organizations representing specific interests and even private individuals. The Committee is therefore prepared to work together with the Commission in organizing consultations prior to the submission of proposals.

In order both to help make the consultative phase preceding the legislative process more transparent, and to consolidate its own consultative work, the ESC proposes the addition of the following paragraph after the first paragraph of Article 198:

'The Commission should consult the Committee before it takes any decisions on matters of relevance to the interests represented on the Committee.'

2. Within the framework of the strengthening of democracy and the re-balancing of roles between the institutions, the Committee considers that the possible increased use of the co-decision procedure will require stronger consultative powers to meet society's expectations more fully. The ESC is also ready to perform its advisory duties with regard to the European Parliament.

The ESC therefore requests that it be empowered, where appropriate, to contribute to the procedure laid down by Article 189b, at the second reading stage. The ESC Rapporteur for the proposals dealt with under this procedure could attend meetings of the Conciliation Committee as an observer.

The following sentence should be added to the end of Article 189b(4):

'The Economic and Social Committee shall attend the Conciliation Committee's proceedings as an observer.'

3. As a body representing economic and social interest groups directly involved in the establishment of Economic and Monetary Union, the ESC is closely monitoring this complex process, particularly through reports and Own-initiative Opinions on EMU itself and, in particular, on its socio-economic impact on European society.

The ESC requests that its consultative work be made more effective by recognition of its right to be informed under the procedures for multilateral surveillance of the economic policies of the Member States.

In the final paragraph of Article 103(2), the words 'and the Economic and Social Committee' should be added after 'shall inform the European Parliament'. In the second paragraph of Article 103(4), the words 'and shall inform the Economic and Social Committee' should be added after 'multilateral surveillance'.

4. The ESC has made a firm commitment to promoting the Citizens' Europe, while calling for it to be underpinned by a transparent legal framework, and for specific measures to be taken to achieve it.

The ESC therefore requests that in Article 8a(2) the words 'and the opinion of the Economic and Social Committee' be added after 'of the European Parliament'. Similarly, in Article 8b(1) the words 'and the Economic and Social Committee' should be added after 'the European Parliament', and in the second paragraph of Article 8e, the words 'and the Economic and Social Committee' should be added after 'the European Parliament'.

5. The Committee has always taken account of the cultural dimension of the integration process in its Opinions. The cultural aspect has implications for other policies (and vice-versa); these implications necessarily concern the Committee when European society is involved.

The ESC therefore requests that it be consulted on EU cultural policy.

In the first indent of Article 128(5), the words 'the Economic and Social Committee and' should be inserted after 'consulting'.

6. The Single Market Observatory, set up with the support of the European Parliament, should be incorporated into the ESC's institutional tasks.

The following paragraph should be inserted at the end of Article 197:

'An observatory shall be established to analyze, review and report on the operation and further development of the internal market.'

7. The ESC has done substantial work in developing contacts with its natural discussion partners in third countries. In many cases, it has promoted socio-professional dialogue, sometimes even before the Commission has taken any action, and on each occasion with positive results for dialogue and cooperation in the broad sense between the EU and third countries.

The ESC requests that this important function be institutionalized in all the Association Agreements. The ESC also requests that it be consulted on applications for accession.

In the first paragraph of Article O, 'and the Economic and Social Committee' should be added after 'the Commission'.

8. The Council consults the EP on policies concerning cooperation in the fields of justice and home affairs. The ESC advocates a higher profile role for the EP in these policies, even if they are not put on a Community-wide footing. Most of these policies have a significant impact on citizens, European society and its constituent organizations. For this reason, the ESC is directly concerned.

The ESC requests that it be briefed on these policies in order to be able to act, under its right of initiative, on a more concrete basis and with maximum transparency in its relationships with the Council and the Commission.

The first paragraph of Article K6 should be amended by adding the words 'and the Economic and Social Committee' after 'the European Parliament'.

9. With due regard for the principle of subsidiarity, the ESC considers that any decision to broaden the European Union's powers to act must always be shared by the citizens and by organized society.

The ESC feels that - insofar as Article 235 is retained - the cooperation procedure should be used, and that consultation of the ESC should also be mandatory.

10. By diversifying its consultative role, the ESC has successfully responded to the demand for greater representation arising from the development of the integration process, and to the diversity of European society. This should be reflected in the Treaty.

The ESC proposes, therefore, that Articles 193 to 198 be amended as follows:

10.1. An amendment to Article 194, 2nd paragraph: The ESC's term of office should be aligned with that of the EP and the Commission (5 years).

10.2. The fourth paragraph of Article 194 should be deleted.

10.3. The Council's and Commission's role in convening the ESC should be abolished: In the third paragraph of Article 196, the text following 'its chairman' should be deleted up to the end of the Article.

10.4. The second paragraph of Article 197 should be deleted, since the development of the integration process and of the ESC, combined with the autonomy it enjoys in determining its Rules of Procedure, have rendered the list contained in this paragraph incomplete and obsolete.

10.5. An amendment to Article 198, 3rd paragraph, to ensure that Opinions are followed up, by adding the following sentence: 'The institutions which are assisted by the ESC shall inform it of the follow-up to the opinions issued.' This information might, for example, be supplied by means of publication in the Official Journal.

11. The specification in Article 193 of the categories of economic and social activity to be represented is unsatisfactory, as it has remained unchanged since the ESC was first formed. The list of categories should be updated to take account of the major changes which have taken place during the last forty years in economic activity and in the pattern of employment together with those changes which are currently taking place as a result of, for example, the 'information revolution'.

12. With successive amendments to the Treaty, the ESC has secured greater responsibilities and autonomy. This has come about because the ESC has always succeeded in taking stock of its mission, its experiences and its prospects, and in gearing its work to the complex requirements of the consultative function within the integration process. Another factor has been the ESC's ability to commit itself to representing rapidly-changing socio-professional interests, above and beyond the basic role assigned to it in the Treaty.

The ESC therefore declares that it is 'de facto' an Institution with an advisory role and requests that the 1996 IGC grant it 'de jure' institutional status with all that this entails, in particular the right to bring an action before the Court of Justice, as laid down in the first paragraph of Article 175. With this in mind, the ESC proposes the following amendments:

12.1. In Article 4(1), 'an ECONOMIC AND SOCIAL COMMITTEE' should be added after 'a COURT OF AUDITORS'.

12.2. Article 4(2) should be deleted.

12.3. The first paragraph of Article 193 should be replaced as follows: 'The Economic and Social Committee in its capacity as an advisory body, shall assist the institutions which exercise legislative powers where this Treaty so provides.'

III.

THE PROPOSALS IN CONTEXT

N.B. TEU Articles are reproduced in the order in which they are mentioned in the Report.

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Done at Brussels, 23 November 1995.

The President

of the Economic and Social Committee

Carlos FERRER