Opinion on urban development and the European Union (96/C 100/18)

On 1 February 1995, the Bureau of the Committee of the Regions, acting under Article 198c of the Treaty establishing the European Community, decided to draw up an Opinion on urban development and the European Union.

Commission 4 on Urban Policies, which was responsible for preparing the Committee's work on the subject, adopted unanimously its Opinion on 30 June 1995. The Rapporteurs were Ms S. Powell and Mr B. Frau.

At its 8th Plenary Session of 19 and 20 July 1995 (meeting of 20 July 1995), the Committee of the Regions adopted the following Opinion.

URBAN POLICY

'The European Union represents the most urbanized subcontinent in the world. In 1991, 71 % of the EU's population lived in agglomerations with more than 10 000 inhabitants, the rate of urbanization is higher than in the USA. Another distinctive characterization of urban organization in the EU is the large number of urban agglomerations, with 3 560 against only 1 000 in the USA. In the EU, 237 million inhabitants live in these agglomerations, versus 113 million living in 1 011 agglomerations in Japan (91 % of urbanization) and 133 million inhabitants in Africa living in 2 577 agglomerations (29 % rate of urbanization).`European Commission,

Community Activities in Urban Matters.

I. INTRODUCTION

Urban areas () are the location of some of the most innovative economic actions in the European Union. There is a growing recognition that urban areas are central to the economy of their regions and states and to the competitiveness of the whole of the European Union. An effective economic and physical city structure, with policies designed to strengthen the intellectual, social and physical infrastructure, would make a major contribution to the performance of the European economy and to the long-term economic well-being of the Union itself. Thus the future of urban areas is a central interest of the Union.

Unfortunately, cities are also the location of some of the most critical problems facing the European Union today. Since the 1970s, urban areas have experienced severe economic, social and environmental distress. Depopulation of inner city areas, unemployment, physical dereliction, deteriorating infrastructure and industrial decay are causing urgent problems of social exclusion, racism, discrimination and crime. These problems are often not uniform across an urban area, with particular communities and areas more seriously affected than others. This can be seen in the pockets of poverty and environmental degradation which exists in most urban areas. Residents in these areas are more likely to be unemployed, be underskilled or in poorly paid or part-time employment, have little access to cultural facilities, live in a seriously polluted environment, live in poor housing, require more hospital treatment for preventable conditions, face high levels of crime, racism and discrimination and face particularly acute exclusion if they are black, female, or disabled.

As these pockets of deprivation become deeper, communities become isolated and alienated from the rest of the population: they may be the fore-runners of 'no-go` areas found in many American cities. US cities, such as Detroit, have seen the emergence of an underclass and the creation of 'no-hope` communities in which poverty, unemployment, crime and racism have been entrenched. Few European cities have experienced this depth of decline, but many are on the brink. Unless these problems are addressed, the long-term stability of our urban areas cannot be assured and thus the long-term economic competitiveness of Europe could be at risk.

We are facing a critical stage in the development of Europe's urban areas and consequently the European economy. Ad hoc policies have been tried. They are no replacement for firm, strategic and cohesive action which could help reverse decline in our cities and urban areas.

1. The recognition of urban needs in the EU

Since almost three quarters of the people of the European Union live in urban areas, it would be surprising if there was no recognition of the needs of urban areas in EU policy development. This recognition is reflected in the plethora of small-scale urban initiatives:

- the series of Article 10 urban pilot projects,

- the Green Paper on the urban environment,

- the reference to urban decline in the definition of eligibility for regional aid,

- the Urban Community initiative,

- the sustainable cities projects.

This list represents a fraction of the work undertaken by the European Union in addressing the needs of urban areas. Indeed the funding available to support activities is not inconsiderable. Whilst any action must be welcomed, it has to be stressed that urban areas have not been one of the focal points of EU policy development. In fact, EU policies and funding programmes have developed on an almost ad hoc basis. As a result, the European Union cannot claim any coherence in its policies on urban development.

What exists in the European Union today is a growing recognition of the need to consider urban issues as a means of addressing social cohesion and achieving prosperity within the Union. A fragmented and uncoordinated series of individual measures has been established to attempt to ameliorate the problem. However, the dangers of such an ad hoc approach were noted by the European Court of Auditors in January 1995 when it set out the need for an urban framework for policy development to ensure value for money. Given the strategic importance of our urban areas to the development of the Union, the dangers of the present ad hoc approach cannot be overstated. There is an overwhelming need to develop an overall urban policy to pull together what the Union is already doing into a strategic framework.

2. The urban deficit in the Treaty

One of the reasons for the fragmentation of urban policy, is the 'urban deficit` in the Treaty. The European Treaty does not include any specific reference to urban areas and therefore does not give the Union a specific legal power for the coordination of urban policy. The urban deficit is a major flaw for an urbanized subcontinent embarking on its programme for the 21st century.

Without such a legal base, urban activities and policies are doomed to fragmentation. There will be no overall strategy, no cohesiveness and certainly no vision.

The former Commissioner for Regional Policy, Bruce Millan, raised the issue of an urban competence at the 1991 Intergovernmental Conference and suggested the European Regional Development Fund should be extended to included assistance to urban areas. However, this was not agreed at Maastricht. Yet the IGC established a number of new areas of legal competence for the Union. Education, public health, consumer protection and transnational networks are of major significance for urban areas and will have profound implications for all urban dwellers. The development of these and other policy areas offers, unfortunately, additional scope for the fragmentation of urban policy. Maastricht may have failed to add 'a legal obligation to coordinate the impact of EU policy on urban areas` but the other additions which were agreed have made the need to fill the urban deficit more profound.

3. Filling the urban deficit

The rewards of taking this fragmented and incoherent urban agenda forward into an effective and well-planned policy are great: decent living environment, with better employment opportunities, where there is freedom from discrimination, in a healthy city, with access to diverse cultural and educational facilities, linked by an accessible and effective transport system... Through an integrated and coherent policy can the problems of urban areas be addressed.

The inclusion in the Treaty of 'a legal obligation to coordinate the impact of EU policy on urban areas` would allow the development of a cohesive urban strategy and would allow the EU to draw together the scattered Commission activities into a coherent pattern.

4. Review of treaty provisions for urban areas

There are a number of problems with the present Treaty:

(i) the lack of a specific reference to urban affairs in a Treaty for an urbanized subcontinent which would allow for coordination, consolidation and reinforcement of existing policies and activities in urban areas;

(ii) the fragmentation of urban policy between other competences in the Treaty leads to a lack of clarity and cohesion in European urban policy development. European urban policy is indeed being developed through transport, environmental, public health and other policy areas, but the Treaty offers no legal base for effective coordination of these European Union policies in urban areas;

(iii) some of the Treaty's provisions in specific policy areas (for example, transport, social and economic cohesion, public health,...) while central to urban issues do not promote a full and coherent development of the urban aspects of policy and thus result in a lack of clarity in policy development;

(iv) there is no provision for the overall needs of multicultural society which is paramount to the development of European society (especially in urban centres).

This paper addresses the present problems with the Treaty and sets out:

(i) the need for a new chapter in the Treaty which facilitates the coordination of current activities into a coherent urban policy;

(ii) the need for specific amendments to existing provisions which would help facilitate the achievement of EU goals within urban areas;

(iii) the needs of multicultural society;

(iv) the question of urban policy and subsidiarity.

II. SECTION I

This section will look at the need for an overall urban policy for the European Union. The following issues will be covered:

- the imperative for urban development to be part of European development,

- the vision of a European urban policy,

- what European powers are needed?

a) Why an urban policy?

There is a great need in having an urban dimension to the Treaty of an urbanized subcontinent. 71 % of our citizens live in urban areas. Yet few would associate the European Union with the needs of urban areas. In fact one of the reasons that the European Union has failed to win the hearts and minds of its citizens could be the lack of association with the areas in which the vast majority of citizens actually live.

Although few European cities experience the critical problems faced by cities in the USA, with the concentration of 'no-go` areas and urban degeneration, many of our cities could be on the brink of such deterioration. In developing our institutional and policy needs for the 21st century, urban policy is one of the issues to be addressed. Indeed, the 1996 IGC may have prioritized the development of an institutional framework, but the framework will not work if the needs of its citizens are not effectively addressed.

b) Vision of a European urban development

Although the urban powers at a European level are likely to be very limited, it is important to set out a vision of the sort of urban areas that we seek to achieve and the strategy for achieving this.

Urban policy must address comprehensively the problems and aspirations of urban dwellers as well as establishing the best means by which the vision can be achieved. The vision has to take on board the multicultural aspirations of urban dwellers as well as their economic well-being.

In any urban policy we are trying to achieve a vision of urban areas.

c) Vision of urban areas

Urban areas must provide a focal point for their regions and provide the dynamic for economic development. This economic development must empower all citizens and provide them with decent jobs, dwellings and social welfare.

Any strategy for the development of urban areas has to examine the local, national and European context. At all levels, a number of agencies will be actors in the development of our cities, local and regional authorities playing the leading role as the legitimate voice of urban areas. In fact, most work on urban development will be undertaken at a local level, with urban areas developing themselves: a bottom-up approach. Indeed, each urban area of the Union is developing coherent and imaginative policies which seek to meet the needs of its citizens. This is where most development should take place, at the nearest level to the people.

Yet the European level cannot be ignored. Many existing EU policies have direct effect in our cities. The existing fragmentation of urban development at a European level could lead to a lack of coherence on the ground. Thus, European level activity is needed which is complementary, empowers local communities and coordinates EU urban activities.

Existing regional and local powers would be protected under such a new power. All that is required is a legal duty to ensure that existing EU interventions are undertaken in a coordinated and cohesive manner. Indeed a coherent approach to urban policy at an EU level would allow for greater influence by city and town authorities.

d) What kind of urban policy?

The type of powers needed at a European level relate to two issues:

- the role of Europe's urban areas and the European economy;

- the coordination of existing European sectoral policies into a cohesive and coordinated approach.

(i) The role of the European city urban areas and the European economy

European urban areas are important to European economic competitiveness and growth. Much of the EU's economic activities take place within their boundaries. Our cities are becoming the focii of European economic development:

- the focus of economic restructuring as a result of the single market developments,

- the hubs of transnational networks,

- the sites of European institutions,

- the focus of cultural policy,

- the powerhouses of research and development initiatives.

European policy development is having profound effects upon our cities. Yet the implications of European policy development for urban cohesion is not considered in the development of European policy. This issue needs to be addressed and enshrined in the Treaty.

(ii) The coordination of existing European sectoral policies into a cohesive and coordinated approach

The development of urban dimensions to European policy in transport, public health, regional policy, environment and social cohesion/exclusion is resulting in a fragmented approach to urban development and even an ad hoc urban policy which could lead to confusion and disharmony in our cities. A coordinated approach to urban development is needed and must be placed on a legal footing in the Treaty. This would allow for a cohesive approach to urban policy. Policies which impact in urban areas could be strategically placed under one coherent strategy which would consider the empowerment of urban dweller, the economic dynamism of cities and the complementarity of actions.

e) Type of Treaty-based coordination required

It would seem appropriate for the Union:

- to provide the urban areas with instruments to manage and develop its social and economic base and to be able to operate within a Europeanized economy;

- to coordinate all aspects of EU urban policy and to ensure that the existing fragmentation of urban policy within and between EU institutions does not occur;

- to provide cities with the necessary funds and instruments to combat social exclusion and decline by developing strategies responding to European challenges.

Such a legal obligation would ensure coordination of existing European urban policy, ensure action to develop our cities and towns and would provide a moral basis for winning the hearts and minds of the majority of our citizens who are urban dwellers.

The Treaty amendments required are:

(1) Article 3, add:

'(u) a contribution to the development of urban areas.`(2) New chapter:

'Urban Policy

1. The Community shall contribute towards the development of urban areas, whilst respecting national, regional and local diversity and the principle of self-government.

2. The Community shall aim to coordinate all its actions in urban areas to complement and support the actions of local, regional and national authorities.

3. Action by the Community shall also be aimed at supporting and supplementing action by national, regional and local authorities in the following areas:

- improvement of the knowledge and dissemination of urban development policies;

- stimulation of cooperation on urban development between Member States, regions and urban areas;

- encouraging the development of exchanges between urban authorities in the Union and third countries.

4. The Council, acting in accordance with the procedure referred to in Article 189c and after consulting the Committee of the Regions, shall adopt incentive measures, excluding any harmonization of laws and regulations of the Member States.

5. The Council, acting in accordance with the same procedure, shall before 31 December 1998 ensure the coordination, within and between EU institutions, of European Union policy which impacts upon urban areas, in pursuit of section (2) above.`

III. SECTION II

Having set out the framework for a general European urban policy to allow for coordination at this level, the existing competences also need examination. As set out in the introduction, these areas must have an urban dimension: an integral part of policy development in these areas. However, the Treaty may be weak in certain respects and in need of amendment. This is set out below.

This section looks at some of the present competences in the Treaty. Each of the Treaty provisions has been examined from the following perspective:

(i) What are the objectives of Treaty provision?

(ii) Is an urban dimension an integral part of achieving these objectives?

(iii) If an urban dimension is important, does the Treaty facilitate such an urban dimension?

(iv) If the Treaty does not facilitate such a dimension, what amendments are required?

The followings areas of Treaty provision have been examined:

- transport,

- economic and social cohesion,

- environmental policy,

- transnational European networks,

- public health policy,

- cultural policy.

1. Transport

a) The objectives of Treaty provision

Articles 74-84 of the Treaty set out EU competence in transport policy with the ultimate aims of facilitating a common transport policy. Thus the EU goal in this area is fairly simple, one common policy in transport.

b) Urban dimension to policy development

The development of any common transport policy would have to have a specific reference to the needs of urban areas. Indeed, a common transport policy could not function without considering fully the following issues:

- traffic congestion & concentration,

- transport concentration: mass public transport provision, restraint of cars, freight, parking needs and distribution,

- concentrated air traffic and air pollution,

- road safety,

- concentration of noise pollution,

- the dependence upon public transport of the socially excluded who live primarily in urban areas,

- the impact of public transport upon the economic life of urban areas.

Urban issues are therefore central to the development of a coherent transport policy for the Union. Indeed, a strong urban dimension to transport development is already a prominent feature of EU policy initiatives. For example:

- urban issues feature strongly in the White Paper 'The future development of the common transport policy`;

- the transport section within the 4th framework programme includes an area dealing exclusively with urban transport issues;

- policies for energy and transport address urban issues.

c) Can the Treaty facilitate an urban dimension?

Any implementation of the Treaty has to take on board, and indeed has taken on board, the needs of urban areas in order to achieve a comprehensive transport policy. Under the present Treaty provisions, these issues can be facilitated legally as transport provision is not restricted to any geographical region or favour any particular sector.

However, this also means that there is no reference to the specific needs of urban, or indeed, rural areas and policy development has to make no specific reference to these issues. Therefore a Treaty amendment could be suggested to ensure that any development of a common transport policy must take note of particular needs of urban and rural areas. This would ensure that a series of uncoordinated urban activities does not evolve, but that cohesive urban development is a central theme of transport policy.

d) Proposed amendment

The following amendment to Article 75 (1) is suggested:

'For the purposes of implementing Article 74 and taking into account the distinctive features of transport, and with a view to a harmonious development of the European territory, the Council shall, acting in accordance with the procedure referred to in Article 189c, and after consulting the Economic and Social Committee and the Committee of the Regions, lay down:

a) common rules applicable to international transport to or from the territory of a Member State or passing across the territory of one or more Member State;

b) the conditions under which non-resident carriers may operate transport services within a Member State;

c) measures to improve transport safety;

d) any other appropriate provisions.`

2. Economic and social cohesion

a) The objectives of Treaty provision

Articles 130a-130e are the main provision for the harmonious development of the Union. Legislation facilitated under this title provides the regulations for regional aid and many community initiatives.

b) Urban dimension to policy development

It is widely accepted that there has to be an urban dimension to economic and social cohesion. Indeed, addressing the problems of urban decline and the specific contribution of urban areas to European competitiveness has been a key objective of the European Union in the past few years. Most recently the Commission document 'Europe 2000+` specifically recognizes that the social exclusion which characterizes areas of urban deprivation is as great a threat to European economic and social cohesion as economic disparities between regions and peripherality - the traditional motors of EU regional policy ('Europe 2000+`, p. 16). The Commission and Member States have agreed a series of European level programmes which address urban need. These include:

- a series of urban pilot projects under Article 10 of the European Regional Development Fund,

- secondary criteria under the eligibility rules of the European Regional Development Fund which allow some cities to gain access to regional aid,

- the Community initiative, Urban.

Thus a specific urban dimension to economic and social cohesion is accepted at a European and national level.

c) Can the Treaty facilitate an urban dimension?

Although, there is already much work undertaken by the Commission on urban decline, it is addressed through secondary legislation as this title of the Treaty has no specific mention of urban affairs. Indeed, a recent report by the European Court of Auditors criticized the lack of a clear framework for action carried out by the Community. Thus there is a need to update the Treaty to ensure that it reflects present regional policy and the framework for economic cohesion agreed by Member States.

Another area of concern is the emphasis on industrial decline in the definition of the parameters for regional aid. Much aid is still targeted specifically at industrial areas because of Treaty provisions. Many cities, because of their regional focus, have a service sector dominance. These areas have distinct economic problems which are not necessarily industrial in nature. These issues have been recognized through secondary legislation through the awarding of Objective II status to a number of cities with strong service sectors, but with some parts of industrial decline.

In essence, there is a need to update the Treaty to take account of the reality to policy development. Under such amendments the primary purpose of economic and social cohesion of helping the least-favoured areas would not be subverted.

The amendments to Article 130c seek to establish a legal base for the urban dimension to Objective II eligibility. This amendment would not affect the current eligibility rules for Objective I. Assistance to rural areas (Objective 5) would not be reduced and would remain unaffected as this is defined in another section of the Treaty.

Thus Treaty amendments are required in two areas which clarify the Treaty based on actual European programmes.

d) Proposed amendment

The following Treaty changes are needed:

Article 130a

'In order to promote its overall harmonious development, the Community shall develop and pursue its action leading to the strengthening of its economic and social cohesion. In particular, the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least-favoured regions, including urban and rural areas.`Article 130c

'The ERDF is intended to help redress the main regional imbalances in the Community through participation in the development and structure of regions whose development is lagging behind and in the conversion of declining industrial regions and urban areas.`

3. ENVIRONMENTAL POLICY

a) Objectives of the Treaty

Article 130r of the Treaty defines the EU's environmental objectives:

'Community policy on the environment shall contribute to pursuit of the following objectives:

- preserving, protecting and improving the quality of the environment,

- protecting human health,

- prudent and rational utilization of natural resources,

- promoting measures at international level to deal with regional or worldwide environmental problems.`b) Urban dimension to policy development

The needs of urban areas are an integral part of this area of European policy. No comprehensive policy could be developed which did not look at the specific needs of cities and towns.

- air pollution,

- traffic management,

- lack of open spaces,

- contaminated land,

- noise pollution,

- pollution of rivers and canals and estuaries,

- energy conservation,

- housing.

In developing a European environmental policy these urban issues have to be addressed. Although not all of these issues have to be addressed at a European level, they have to be considered by European policy-makers to ensure that European action is cohesive and meets local need.

The specific environmental needs of urban areas has already been recognized at a European level. Examples of policy proposals include:

- the Green Paper on the urban environment and the 5th environmental action programme provided a basis for policy in the framework of the urban environment;

- the LIFE programme prioritized the implementation and development of integrated management models for the improvement of the quality of the urban environment, the reduction of traffic pressure in urban areas and the promotion of cleaner public transport systems;

- the three-year Sustainable Cities Project was established by the EU Expert Group on the urban environment and will report in 1995.

Thus an urban dimension to this area of policy is already accepted.

c) Can the Treaty facilitate an urban dimension?

Although work has been undertaken in this area, there is no specific reference in the Treaty to urban, or indeed rural, areas. It may be difficult to pursue these policies further under present Treaty provision because in a number of instances, the Treaty restricts policy development to a regional level. In some cases, urban and rural environmental damage may be confined to urban or rural parts of a region, rather than being generally found in an entire region. This is not recognized in the Treaty. For example, Article 130r(3) states:

'In preparing its policy on the environment, the Community shall take into account:

- available scientific and technical data,

- environmental conditions in the various regions of the Community,

- the potential benefits and costs of action or lack of action,

- the economic and social development of the Community as whole and the balanced development of its regions.`The urban dimension, as recognized in the Green Paper, needs Treaty provision.

d) Proposed amendment

The following amendments are needed:

'In preparing its policy on the environment, the Community shall take into account:

- available scientific and technical data,

- environmental conditions in the various regions and urban and rural areas of the Community,

- the potential benefits and costs of action or lack of action,

- the economic and social development of the Community as a whole and the balanced development of its regions and urban and rural areas.`

4. Transnational European networks

a) Objectives of the Treaty

Article 129b of Maastricht sets about the establishment of transnational networks in the area of transport, energy and telecommunications. These are defined under Article 129b of the Treaty. The purpose of these networks is to link peripheral regions of the European Union as a means of developing the economic potential of these regions and areas.

b) Urban dimension to policy development

Although TENs do not focus specifically on the needs of urban areas, these are distinct implications for urban areas:

- the hubs of any transport or telecommunications network would have to have an urban focus,

- any network would have to look at the centres of population.

Article 129b(1) states that TENs must help facilitate full benefits from a frontier-free Europe for local and regional communities. This must include urban communities who will be affected greatly by their positions at the hubs or nodes of networks, especially transport networks.

c) Can the Treaty facilitate an urban dimension?

Unlike the Treaty provision for a common transport policy, the legal framework for transnational networks sets out geographical restrictions. Article 129b(2) states:

'Within the framework of a system of open and competitive markets, action by the Community shall aim at promoting the interconnection and inter-operability of national networks as well as access to such networks. It shall take into account in particular the need to link island, landlocked and peripheral regions with the central regions of the Community.`Although the objective of linking island, landlocked and peripheral regions with the central regions of the Community must not be challenged, the needs of communities which will be at the hub of these networks also need consideration in the development of policy. An amendment to the Treaty is needed for this general purpose, whether it be to consider the needs of urban or rural areas.

d) Proposed amendment

In order to meet overall objectives, Article 129b(2) needs amending to:

'Within the framework of a system of open and competitive markets, action by the Community shall aim at promoting the interconnection and inter-operability of national networks as well as access to such networks. It shall take into account in particular the need to link island, landlocked and peripheral regions with the central regions of the Community, whilst respecting the integrity of the European territory.`

5. Public health

a) Objectives of the Treaty

Article 129 of the Treaty sets out the Union's objectives in public health policy. This is a new provision under Maastricht which gives the Union limited powers to promote and coordinate health awareness in certain areas (e.g. drug abuse).

The Union seeks to contribute towards ensuring a high level of human health protection by encouraging cooperation between Member States. Community action is directed to the prevention of diseases, in particular the major health scourges, including drug dependence, by promoting research into their causes and their transmission, as well as health information and education.

b) Urban dimension to policy development

Any policy on health promotion and public health has to take on board specific urban issues, particularly the fact that targeting population centres would contribute to the effectiveness of policies. For example, the Union is developing an extensive policy on AIDS and HIV; this policy development will have to consider an urban dimension. For example:

- the vast majority of people affected by HIV/AIDS live in cities,

- the concentration of centres of treatment for diseases,

- the concentration of sufferers in urban areas.

The Treaty also defined drug abuse as an area of policy development. Drug abuse and the serious crime related to their use, is largely an urban issue, as recognized in the Secretariat General's backing of networks of cities to address these problems.

Those living in depressed urban areas are considerably more likely to suffer preventable health problems. These issues will need to be considered in terms of general health awareness.

c) Can the Treaty facilitate an urban dimension?

The Treaty provision is so general and geographically non-specific that the above urban dimensions can be facilitated under the present Articles. However, for an effective use of resources, health promotion may have to consider concentrations of population. However, these issues could equally be dealt with under secondary legislation.

6. Cultural policy

a) Objectives of the Treaty

Article 128(1) of the Treaty states that the Community shall contribute to the flowering of the cultures of the Member States, while respecting their national, regional and local diversity.

The overall perspective is that of bringing the common cultural heritage to the fore.

Article 128(2) lays down the framework for Community action - encouraging cooperation between the Member States - by specifying the particular areas in which the Community can, if necessary, support and supplement their activities.

It mentions the following specific goals:

- improvement of the knowledge and dissemination of the culture and history of the European peoples,

- conservation and safeguarding of cultural heritage of European significance,

- non-commercial cultural exchanges,

- artistic and literary creation, including in the audiovisual sector.

Article 128(3) provides for the Community and Member States to foster cooperation with third countries and the competent international organizations in the sphere of culture.

Finally, Article 128(4) calls on the Community to take cultural aspects into account in its actions under other provisions of the Treaty.

b) Urban dimensions of culture

A place of meeting, sharing, exchange, exclusion, conflict, celebration, revolt, suffering, the street - and by extension all areas of expression in towns and conurbations - is today the focus for the development, by a complex alchemy in which past references are transformed by everyday experience, of the meaning acquired by the future when human beings express their aspirations and search for beauty, goodness, greatness and harmony in both their humblest and noblest creations.

What, if not culture, creates this meaning, the underlying sense of social cohesion and equilibrium of which it is itself the guarantor? It is thus in the heart of the city, at street and district-level that the future of towns, conurbations, regions, states and communities of states will be decided.

How could it be otherwise in the era of urban civilization?

c) In what way is the cultural dimension an important factor in the construction of Europe?

The goal of building Europe derives from a political desire to create a common area of lasting peace, liberty and democracy.

The original political objective has gradually given way to a more economic and technocratic vision of Europe.

This reorientation has inevitably aroused public concern in the Member States and the discussions surrounding the adoption of the Maastricht Treaty clearly revealed the difficulty Europeans have in perceiving the Union other than through the 'interference` of its directives and the social consequences of the liberal economic logic of the common market.

One of the essential objectives of the Maastricht Treaty should be to give the Union a genuine political dimension. This will never be possible until all Europe's citizens acknowledge their membership of a community, deriving partly from a vision and partly from history, and actively seek to participate in the construction of a congenial, supportive and prosperous Union which inspires confidence by guaranteeing a favourable future.

In its urban, cosmopolitan aspect, culture can be seen as the cornerstone of the European edifice, enabling its citizens to assert their identity through the cultural diversity of their regions and countries as manifested locally on a daily basis.

Account should also be taken of the contribution and presence in Europe's cities of people of non-European origin who reside in the Member States by virtue of a common history which links their countries with those of the Union.

How can the construction of Europe proceed without also recognizing this historical dimension, notwithstanding those who seek to deny it?

If Europe is essentially Judaeo-Christian, it is also pagan, Muslim, Slav and African. These influences illuminate our philosophical, architectural, literary and spiritual heritage. This undeniable reality must be accepted, possibly having recourse to secularism for a methodological approach.

d) In its present form, can the Treaty promote this cultural dimension to the creation of Europe?

This question can be answered in the affirmative, provided that certain amendments are made in order to:

- strengthen the cultural approach to third countries mentioned in Article 128(3);

- provide for the possibility of citizenship in the wording of this paragraph;

- give priority to the action of towns and regions over that of countries;

- promote the development of specifically European creativity in all artistic sectors for which the media will provide safeguards.

e) Proposed amendments to Article 128

Paragraph 1

Retain, but add at the end: 'with a view to complementing European citizenship`.

Paragraph 2

- After 'encouraging cooperation between Member States`, add: 'regions, towns or groups of towns`.

- After 'conservation,` add: 'promotion` and...

- Replace 'cultural heritage of European significance` by 'Europe's cultural heritage`.

- After 'exchanges`, add: 'between towns, regions and states`; after 'creation`, add: 'and conservation`.

- Add a new indent: 'preserving the traditional architectural heritage`.

- Add a new indent: 'improvement of the knowledge and dissemination of the culture and history of the third countries linked to the Member States`.

Paragraph 3

- After 'cooperation`, add: 'by regions and towns`.

- After 'with`, add: 'the town and regions of`.

- After 'Europe`, add: 'and UNESCO`.

f) Policy on protection of European Urban Archaeology

Europe's towns are a crucial part of her cultural, economic and social history - perhaps to a greater degree than in any other area of the world. It follows that our urban archaeology is a vital part of our archaeological heritage. Europe's historic towns are, in fact, among the most important and complex archaeological sites in the world. They are also among the most vulnerable, being exposed to far greater development pressures than most other archaeological sites. In non-Romanized northern and western Europe, in particular, our urban archaeology tends to consist of deposits of fragile organic materials which can very easily be damaged or destroyed, quite inadvertently, by the construction and development processes which are constant occurrences in any modern city. It is therefore appropriate that specific policies should be put in place through the European Union to ensure the protection of this vital part of our cultural heritage. Such policies should address such issues as:

a) codes of practice for the planning and development of urban areas of archaeological significance, and for construction procedures within such areas;

b) research on a coordinated, international basis into the impact of various methods of construction and redevelopment on archaeological material, leading to the development of improved practices;

c) study of the financial dimension with a view to identifying and setting in place sources of funding for urban archaeological excavation and research which, because of the very wealth of the urban archaeological resource, tends to be particularly expensive;

d) establishment of structures to develop and update (on an ongoing basis) a research agenda and methodology for urban archaeology, on regional and inter-regional levels.

IV. SECTION III

1. Multicultural society

Urban areas are centres of multicultural life. Any forms of urban development, or indeed development of European society as a whole, has to account for the needs of all its citizens. The Treaty has been the source of significant development of the equality of women because of specific Treaty provision. However, it offers no such provision for race or disability.

These issues have to be addressed if urban development is to have any meaning for a great number of European citizens:

- 17 million Europeans are members of ethnic minority communities. Many of these live in urban areas where, unfortunately, the rise of racism and racist parties has been a feature in recent years. All urban policy has to take into account the cultural diversity of Europeans.

- More than 10 % of the total population of the European Union has a disability. Whilst the needs of people with disabilities may vary considerably depending on the nature of their disabilities, as well as their previous experience, education, level or skill and their personal circumstances, people with disabilities face a wide range of obstacles which exclude them from economic and social cohesion.

In looking at Treaty provision in this area, there is a vacuum. The issue is so broad, however, that a general statement of intent is needed rather than looking at all aspects of policy development. Indeed, this has been the approach taken by the Commissioner for Social Policy, Pádraig Flynn. In the White Paper on social policy, and in his recent presentation to the European Parliament, he has stated his view that the IGC should revise the Treaty to introduce a specific reference to combating discrimination on the grounds of race, religion, age and disability.

It is therefore suggested that Article 2 of the Treaty needs amendment. This sets out the overall objectives of the EU. Thus, provision in this Article for equality of opportunity would ensure that all policy development had to occur under a legal necessity to consider the needs for all socially excluded groups.

The following amendment is suggested:

'The Community shall have as its task, by establishing a common market and an economic and monetary union and by implementing the common policies or activities referred to in Articles 3 and 3a, to promote through the Community a harmonious and balanced development of economic activities, sustainable and non-inflationary growth respecting the environment, a high degree of convergence of economic performance, a high level of employment and of social protection, the raising of standards of living and quality of life and economic, social cohesion and solidarity amongst Member States and equality of opportunity for all citizens regardless of race, religion, race or disability.`

V. SECTION IV

1. Subsidiarity

If it is proposed that the Union play a greater role in the coordination of urban policy, the question of subsidiarity needs to be addressed. As set out in section I, only limited powers of coordination are likely to be necessary at the European level. Much of the work undertaken by cities and regions must remain unaffected. However, two questions should be raised:

- why should policies and activities be coordinated at European level?

- what would be the additional value of doing so?

a) Why should policies and activities be coordinated at European level?

This paper has set out the fact that urban policy is already being developed at a European level, but in a fragmented and uncoordinated way. Coordination of urban policy would also enable the many aspects of European urban policy to be clarified within an overall coordinated policy. This would help to ascertain the best level of policy implementation, i.e. the subsidiarity principle. This cannot be achieved at present because of the fragmentation of policy.

Any new title would seek only to end the fragmentation of EU urban policy; it would not seek to diminish local or regional powers. Urban policy is best when it is developed closest to the people. No new EU powers are required. However, existing EU powers need coordination. Any addition to the Treaty would merely provide a legal duty for the Commission to coordinate the impact of its existing policies in urban areas, ensure that existing EU policies complement the work of local and regional authorities and help promote the needs of urban areas in the EU.

Subsidiarity is already firmly established in the Treaty. Article 3b of the Treaty on European Union states:

'The Community shall act within the limits of the powers conferred upon it by this Treaty and of the objectives assigned to it therein.

In areas which do not fall within its exclusive competence, the Community shall take action, in accordance with the principle of subsidiarity, only if and in so far as the objectives of the proposed action cannot be sufficiently achieved by the Member States and can therefore, by reason of the scale or effects of the proposed action, be better achieved by the Community.

Any action by the Community shall not go beyond what is necessary to achieve the objectives of this Treaty.`Urban policy would have to work within this legal framework.

Indeed, the Committee of the Regions can play an important role by showing that the principle of subsidiarity is effective and visible.

Through unity, we can preserve the achievements of the Union, through diversity and enhanced regionalism we can preserve the role of the Member States, regions and localities.

However, it should be underlined that the principle of subsidiarity and selfgovernment could not be enforced if local and regional authorities do not have a sufficient resource base to implement urban policies and programmes effectively.

b) What would be the additional value of doing so?

It seems clear that some activities, such as the internal management of urban areas would under the subsidiarity principle, remain a regional issue. But many of the problems facing urban areas are not local ones. Growing social exclusion is not confined to any one urban area. The processes involved are international and common to all cities. The European nature of these problems calls for European action which could help provide cross-national cooperation, international solutions and cross-border information sharing.

There will be obvious concern about the erosion of regional and urban areas' powers. However, a new aspect to the Treaty should only clarity existing policy which will assist decisions about the right level of policy implementation to be made.

Indeed, a coordination of EU urban policy would help clarify the preeminence of local powers and allow for better planning of EU initiatives at a local level.

VI. CONCLUSIONS

As we move into the 21st century, the EU's cities and urban areas will have to provide the geographical focus for European competitiveness, innovation and economic health. But these areas have some of the worst problems of deprivation, social exclusion, unemployment, health and crime. For the future of Europeans' common good, it is clear that EU policies need an urban dimension.

The Union has recognized the need to give more attention to urban areas, and it is possible to point to a large range of heterogeneous activities all aimed at improving social cohesion and the quality of life in urban areas. The Parliament has also been active in promoting the interest of cities, through resolutions calling for an integrated urban development programme (Romeos report) and for the special attention to 'Problems and prospects for urban conurbations` (Pack report).

We must remember that:

- nearly three-quarters of Europeans live in urban areas;

- urban issues present one of the greatest challenges to the Union, especially in terms of social cohesion.

1996 provides the Union with a unique opportunity to grasp the nettle of urban decline. It could be seen as a milestone in the development of urban policy and could provide a new hope for the vast majority of European citizens.

Done at Brussels, 20 July 1995.

The Chairman of the Committee of the Regions

Jacques BLANC

() The term 'urban areas` is used throughout this report. This term is meant to represent all cities, towns and municipalities. Urban problems are common to large cities and small towns. In the absence of a common European definition, 'urban areas` has been used as an inclusive term for all urbanized centres.