WRITTEN QUESTION E-0707/02

by Brigitte Wenzel-Perillo (PPE-DE) to the Commission

(13 March 2002)

Subject: White paper on European governance involvement of the regions

1. The white paper on European governance acknowledges the need for greater involvement of the regions in preparing legislation. In December 2001, the Directorate-General for the Environment announced its intention to use a procedure to involve the regions at an early juncture in the Commission's preparations for legislation by consulting the regional offices in Brussels at the drafting stage. Does the Commission intend to extend this process to all its departments?

2. If so, what form will the involvement of the regions take (regular dialogue with the regional offices, verbal consultation on individual projects, written opinions, etc.)?

3. Is it correct that the Commission considers the regions to be as important as non-governmental organisations in this context?

4. In a number of Member States, the regions play a significant role in the legislative process. How will the Commission ensure that these regions are duly involved?

5. What measures will be taken to ensure that the Commission takes due account of the opinions delivered by the regions on draft EU legislation under this procedure?

Answer given by Mr Prodi on behalf of the Commission

(2 May 2002)

1. and 2. Although provision is not explicitly made for consultation of the regional offices in Brussels, they should be well represented on the Committee of the Regions. With this in mind, for example, DG Environment started informal talks with the regional offices in Brussels in late 2001, with a view to exploring new forms of cooperation.

In other words, the Commission does intend to ensure that the regions are better informed about legislative activities at the drafting stage, but without detracting from the prerogatives of the Member States.

One good way to do this would be to apply in a pro-active fashion the protocol of agreement signed by the Commission and the Committee of the Regions. The protocol goes beyond the provisions laid down in the EC Treaty, stating that the Commission can call on the Committee to issue prospective opinions and to draw up prospective reports and providing for annual meetings at the highest level, a stronger Commission presence during the Committee's activities, exchanges of information at the earliest possible stage and better synergy of information policy.

3. Whilst the Commission attaches great importance to the views and contributions of non-governmental organisations (NGOs), it does not accord the same status to such organisations as to bodies formally recognised by the EC Treaty. In its view the institutional role of a region differs by its very nature from that of an NGO. However, as laid down in the White paper on governance(1), the Commission should organise a systematic dialogue with European and national associations of regional and local bodies, while respecting constitutional provisions and administrative systems. It supports current efforts to enhance cooperation between such associations and the Committee of the Regions. It is also in favour of exchanges between staff and learning from each other.

4. and 5. It is up to the Member States to involve the regions as best they can particularly those with regulatory powers at the legislative drafting stage. This whole area is the Member States' responsibility. Without prejudice to the Member States' primary responsibility, the concept of a tripartite contract proposed in the White paper on governance suggests a possible way, which can be gradually explored, of making the implementation of Community law more flexible where directives with a strong regional element are concerned. This must not be done to the detriment of competition rules, nor must it lead to damaging distortions among the Member States.

(1) OJ C 287, 12.10.2001.