WRITTEN QUESTION E-4035/00

by Bart Staes (Verts/ALE) to the Commission

(21 December 2000)

Subject: 133 Committee

The 133 Committee is the real power behind and decision-making centre for the European Union's commercial policy. It takes its name from Article 133 of the Treaty of Amsterdam. That article provides for the establishment of a special committee appointed by the Council to assist the European Commission. The 133 Committee constitutes the link between the European Commission and the Council.

Each Member State has one full and one substitute member to represent it on that committee. Those civil servants take important decisions relating to international trade issues such as the banana dispute, the supply of medicinal products to poor countries and the American levy on European steel. The Council resolves any political problems and ratifies the decisions taken by the committee. Some proposals are debated solely within the committee and approved en bloc by Coreper (the national civil servants appointed to the European Union) without further debate.

1. Does the Commission take the view that a report should be published about the documents used by and the debates in the 133 Committee? If not, why does the Commission take the view that a report should not be published about the documents used by and the debates in the 133 Committee?

2. Does it take the view that the public should have access to 133 Committee reports? If not, why does the Commission take the view that the public should not have access to 133 Committee reports?

3. Will the Commission ask for a report to be published henceforth about the documents used by and the debates in the 133 Committee? Will the Commission also ensure that the public has access to those reports? If not, why will the Commission not insist on the public's right to inspect the political decision-making process of the 133 Committee?

Answer given by Mr Lamy on behalf of the Commission

(1 February 2001)

Article 133 (ex Article 113) of the EC Treaty sets out the framework for the formulation and implementation of trade policy within the Community. The role of the Article 133 Committee, that the Honourable Member refers to, is to advise the Commission in the conduct of trade negotiations. Specific objectives for the Community in important trade matters and negotiations such as a new round of trade negotiations in the World Trade Organisation (WTO) or the discussions for a trade agreement with Mercosur are set out in Council conclusions or negotiating directives, which subsequently guide the work taking place in the 133 Committee. On the role of the 133 Committee and democratic accountability, the Commission would refer the Honourable Member to the reply to Written Question P-3674/00 by Mr Schmid(1).

As regards the question of the opportunity of elaborating reports of the documents and discussions in the 133 Committee, the Commission would like to point out that the 133 Committee is a special committee appointed by the Council. The decision on whether and how to elaborate such reports as well as their accessibility therefore lies within the responsibility of the Council Secretariat.

Concerning more specifically the access to documents transmitted by the Commission to the 133 Committee, the Commission in its letter to the President of the industry, external trade, research and energy committee on 20 January 2000, agreed to transmit to the Parliament significant document sent by the Commission to the 133 Committee, as well as other important reports established by the Commission. Documents of a more sensitive nature are transmitted as confidential, or restricted documents. A large number of documents are, however, transmitted as public documents and are posted on the Directorate General Trade website.

Public documents include the near totality of Community submissions to the WTO, discussion papers on major issues, as well as key documents concerning the Community's New Round Strategy.

(1) OJ C 163 E, 6.6.2001, p. 190.