Opinion of the Committee of the Regions on the 'Institutional Aspects of Enlargement 'Local and Regional Government at the heart of Europe''
Date: 1999-09-15
Institutions: European Committee of the Regions, Provisional data
Subjects: European Committee of the Regions, decision-making body (EU), enlargement of the Union, operation of the Institutions, powers of the institutions (EU), regional and local authorities

23.12.1999

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Official Journal of the European Communities

C 374/15

3.14.
It is also essential that EU technological choices
comply fully with the rules of free competition and guarantee
access to all citizens, regardless of their IT systems.

3.15.
The Committee reiterates the need to redouble efforts
to upgrade information networks, working, as is often already
the case, with local authorities, and stepping up the dissemi-

nation of publications and information through those chan-
nels.

The Committee supports the Commission’s emphasis
3.16.
on interinstitutional cooperation for the purposes of improv-
ing lawmaking; but believes that this requires a revision of the
Union’s legislative procedures and a clarification of the powers
of each institution.

Brussels, 15 September 1999.

The President

of the Committee of the Regions

Manfred DAMMEYER

Opinion of the Committee of the Regions on the ‘Institutional Aspects of Enlargement “Local
and Regional Government at the heart of Europe”’

(1999/C 374/05)

THE COMMITTEE OF THE REGIONS,

having regard to the decision taken by its Bureau on 15 July 1998, in accordance with Article 198c(4) of
the Treaty establishing the European Community, to issue an opinion on this subject and to instruct the
Commission for Institutional Affairs to prepare this opinion;

having regard to the draft opinion (CdR 52/99 rev. 2) adopted by the Commission for Institutional Affairs
on 6 July 1999 (rapporteurs: Lord Hanningfield DL and Mrs Louppen-Laurant),

adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of
15 September).

1.

Introduction

The forthcoming accession of new Member States will consti-
tute the biggest enlargement round in the history of the Union,
both in terms of the number of new Member States, as well as
of population increase.

It is generally recognized that the structures that were created
four decades ago for an economic Union of six, are no longer
adequate for a Union of fifteen, let alone twenty or more.
Recent events have clearly shown the urgent need for a
radical overhaul of the European Union’s institutions and
administration, and for more democracy and transparency.

In addition the ‘fabric’ of the Union of today is much more
closely woven than forty years ago. The Union is no longer an
association of capitals, but it has also become a Europe of
regions and municipalities. The establishment of the COR is
the ultimate recognition of that. Regions and towns can be
considered constituent parts of the Union, and they play a

crucial role in the ongoing process of European Union
development.

Intergovernmental Conference must result

The next
in a
democratic, decentralized and efficient European Union, with
institutions well equipped to serve the needs of over 500 milli-
on European citizens in the 21st century.

With the likelihood of further enlargement of the EU there is
clearly scope to review the roles of the various EU institutions,
including that of the COR.

1.1.
This opinion reports on the institutional aspects of
enlargement with regard to the Committee of the Regions
(COR).

Two principle areas of concern are addressed:

— The impact of enlargement on the workings of the COR

directly

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and

— The role and functions of the COR with regard to the other

European Union institutions.

1.1.1.
The opinion is very much a working document as
the process of moving towards an enlarged European Union is
evolutionary and the exact detail and timing for enlargement
is not known at this point in time.

The COR anticipates that there will be a need for a
1.1.2.
further opinion to be issued by the COR once it becomes
clearer when and how the EU will enlarge.

The Committee of the Regions has a key role to play
1.1.3.
in promoting the principle of subsidiarity in the European
Union.

2. The COR and Enlargement — The Current Situation

2.1.
Local and Regional government has long been involved
with countries outside of the European Union. The COR has
also taken a leading role in communicating with local and
regional authorities in national states who have expressed an
interest in joining the EU, through the various EU programmes.

2.1.1.
The COR has already established a ‘contact group’,
to open a dialogue between the COR and local and regional
authorities in the CEEC and Cyprus. The COR Bureau set this
contact group up on the 13 May 1998. This contact group has
held a series of meetings and conferences in the various
candidate countries and a major conference to report on the
findings of the contact group is to be held in November 1999.

2.1.2.
In parallel to work being done by the COR, the other
institutions of the European Union have had a dialogue for
some time with the various candidate countries. The individual
EU Member States have also had contact bilaterally with these
countries.

2.1.3.
The COR feels that a further strengthening of the
role of the COR would also be appropriate, as the institutions
adapt to an enlarged EU. Similarly changes would need to be
made to the other EU institutions, in order to reflect further
changes in roles and relationships, with an enlarged member-
ship and an increasingly integrated European Union. The key
issue for the COR though, is that the EU should continue to
place a heavy emphasis on the principle of subsidiarity and
with this should come an increased role for the COR, in the
decision making process as well as how this principle is
applied.

2.1.4.
On 25 March 1998 the Commission approved
Accession Partnerships for 10 applicant countries from central
and eastern Europe. The COR feels that the COR should have
a role to play in these Accession Partnerships with a view to
developing local and regional democracy in applicant countries
and strengthening the principle of subsidiarity.

3. The impact of enlargement on the workings of the

COR directly

This section highlights the key internal reforms which the
COR would have to address prior to further enlargement of
the EU.

3.1. Membership of the COR

3.1.1.
Under the Maastricht Treaty, the COR was estab-
lished with 189 members, copying the size and structure of
the Ecosoc. This number was subsequently increased to the
current level of 222 members, when the EU increased from 12
to 15 Member States. Further enlargement of the EU might
require a further increase in size of the COR.

The current size of each of the national delegations is Appendix
One.

3.2. The size of the institutions and enlargement

3.2.1.
The Treaty of Amsterdam limits the size of the
European Parliament to 700 members. The size of the Com-
mission is still under debate.

3.3. Enlargement and the size of the COR

The COR considers there are a number of options open to the
COR.

3.3.1.
Firstly the status quo could prevail and the COR
could remain with 222 members and the numbers of each
national delegation would be reduced to accommodate the
new member states. The size of each national delegation would
then decrease with each subsequent phase of enlargement.

The second option is to allow the COR to increase
3.3.2.
with new national delegations being of a similar order in size
to those sizes of delegations as they appear now. The size of
the national delegations from candidate countries being set in
the same order as the levels of other delegations (See Appendix
Two). This would result in a total of 351 members.

3.3.3.
The third option is to consider a radical overhaul of
the system and alter it so that delegation size is more closely
related to population, as is the case with the European
Parliament. This would result in a total of 206 or 318 members
(See Appendix Three).

3.3.4.
The COR feels that an increase in total size of
members would ensure new countries joining the EU would
have an opportunity to secure adequate representation of both
local and regional government members.

that

The COR would propose

3.3.5.
approximate
maximum size of the COR should be about 350. This would
allow for reasonable size national delegations allowing for
reasonable representation of both regional and local govern-
ment representatives and for a spread of representation
geographically from within Member States. In particular, care
must be taken to ensuring such reasonable representation and
spread in the smaller national delegations.

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3.3.6.
The COR has produced two scenarios to show
possible increases in the size of COR based on the anticipated
two ‘waves’ of enlargement. This is intended to provide a guide
as to how enlargement would affect the overall size of the
COR (See Appendix Four).

3.4. Membership and composition of the COR

3.4.1.
The COR feels that the methods of appointment
to the COR should be re-assessed. Current practices on
appointment to the COR vary considerably across the Member
States. In view of the accession of new Member States, the
COR feels this important issue would require an in-depth
discussion in order to formulate a position for the next
Inter-Governmental Conference. The candidate countries must
be involved in this debate.

3.4.2.
The countries which are applying for EU membership
have a wide range of structures and whatever reforms are
made to the COR, these should allow both local and regional
authorities to be involved.

The composition of the COR is by definition a
3.4.3.
derivative of its role and tasks. As the COR is further defining
its role as a political body in the European Union, and as in
the Member States the process of regionalization, decentraliza-
tion and increasing autonomy of
the local and regional
authorities is proceeding, the debate on the membership and
composition of the COR must be kept open. The debate must
take account of the internal organization in the future Member
States, and follow closely the debate on institutional changes
in the EU.

3.4.4.
The COR opinion for the 1996 Intergovernmental
Conference (Rapporteur: Pujol) (1) already demanded an explicit
reference to the political mandate and political legitimacy of
its members, as well as to the fact that they are appointed on
the recommendation of the authority they represent. This
demand has not been honoured by the IGC. The COR reiterated
its call for members to be given a political mandate.

3.4.5.
In the event of further treaty revisions or the creation
of a European Union constitution and in the light of any
possible moves towards greater harmonisation of the European
Union, the COR will have to formulate and clarify its own role
and position. It would like to closely involve the candidates
for EU membership in that debate.

3.4.6.
include the equal opportunities aspect.

Any revision of the methods of appointment will

3.4.7.
The rapporteurs propose that, once it becomes
clearer which country or countries are next to join the EU that
‘observer’ status be extended to these countries. Observers
would be granted the right to send a representation to COR
meetings. This would allow them the opportunity to see the
workings of the COR.

(1) CdR 136/95 fin — OJ C 100 of 2.4.1996, p. 1.

3.5. Operational and Organisational Issues

3.5.1.
issues which would arise following any changes to the COR.

There are of course a large number of operational

There would be a need to look at internal structures,
3.5.2.
size and number of Commissions, the size and composition of
the Bureau, composition of
the staff and other internal
arrangements. These matters are currently under debate in the
Commission ‘Rules of Procedure’.

3.5.3.
As the process and timing for the next phase of
enlargement becomes clearer the COR would recommend that
its Secretariat take steps to ensure that budgetary consequences
of enlargement are brought to the attention of the Bureau of
the COR at the soonest possible occasion. A medium term
planning must be drawn up, taking account of the possible
consequences of the enlargement.

3.5.4.
Like the other institutions, the COR will have to take
a decision on the language question. Currently translation and
interpretation is foreseen for eleven languages. This question
must be investigated in the framework of interinstitutional
cooperation, taking regional languages into consideration.

Both at the level of members and of the adminis-
3.5.5.
tration the possibility of language courses, exchange pro-
grammes and joint activities, should be considered. These
measures will ensure a smooth accession and allow better
communication within and between institutions.

4. The COR, its role and identity with regard to the

other EU institutions

This section deals with inter-institutional aspects of the impact
of enlargement on the COR.

4.1.1.
The enlargement of the EU would lead to some
significant issues being reconsidered with regard to the way in
which the EU works. An enlarged EU would have to consider
a range of issues, including possibly the weighting of votes in
the Council, the role of the Commission and its structures and
so on. This section focuses on some of the key questions
regarding the role of the COR amongst the EU institutions.

4.1.2.
The COR now feels that with the advent of another
cycle of enlargement and the expected reforms of the Union
institutional structures, the role and position of the COR
should be strengthened and that
it should play a more
influential role in the policy and decision making processes in
the EU. An increasing number of decisions are now taken at
sub-national level on a range of policy subjects and local and
regional government is growing in importance and influence
in the EU. This must be reflected in the role of the COR.

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4.1.3.
Looking ahead to the next IGC, the COR would like
to see moves towards it being allocated a greater role in a
number of areas.

5. Areas of Competency

5.1.
The advent of enlargement provides the opportunity
for the policy areas which the COR is currently required to be
consulted upon to be re-thought and re-appraised. The
accession of new countries clearly justifies a reinforcement of
the competencies of the COR in a number of areas of particular
relevance to the new countries.

5.2.
The COR feels that as local and regional government
is increasingly playing a role in Community Safety that this
should be an area of competence, which should be included at
the next IGC. Crime and other community safety are issues
which local and regional authorities are becoming increasingly
involved and trying to find solutions to community safety is
often something one can achieve by working within local
communities to find solutions which best fit the problems in
that particular region or locality. The COR acknowledges,
moreover, that local and regional authorities are becoming
increasingly involved in a wide range of other issues, such as
energy, information, technology and SMEs.

5.3.
The broad ‘catch-all’ terms in the Treaty allow the COR
to be consulted in new policy areas which arise in the future
and which are not always easy to define. The enlargement will
bring in new, and as yet unforeseen issues and aspects of EU
policy, so that this flexibility for the COR to be consulted on a
wide range of policies should continue to exist.

6. The COR and the EU decision making process

6.2.
Increased cooperation between the COR and the EU
institutions is advocated. In the Political Priorities of the COR
(adopted 18 November 98) intensified contacts at the level of
commissions (EP committees), rapporteurs, political groups
and national delegations are identified as key instruments to
improve cooperation between the institutions. In special cases
interinstitutional ad hoc working groups could be considered.

7. The COR and the other EU institutions

Although the enlargement is not the sole ground for radical
reforms of the Union’s structures, it is certainly true that if
nothing changes, the existing foundations will collapse under
the weight of an enlarged Union. The first cracks are already
visible.

The forthcoming IGC may result in further changes to the way
in which the European Union works and is structured,
including, the possible creation of a European Union consti-
tution. The separation of powers will undoubtedly be a major
issue in the debate. A new construction for the European
union will have to take into account the important role and
competencies of Europe’s regions and municipalities. In such
a decentralized Europe, the COR will have an important task
and relations with other institutions will have to be clearly
defined.

8. Conclusions

8.1.
Accession to the EU presupposes that the applicant
countries subscribe to the subsidiarity principle. Under these
circumstances the COR considers it important to strengthen
local and regional democracy in the applicant countries so that
the enlarged EU operates as closely as possible to the people.
It therefore calls upon the EU, as part of the pre-accession
strategy, to support any moves in this direction in these
countries.

The EC Treaty sets out the circumstances under which
6.1.
the COR has the right to deliver an opinion on draft EU
legislation, between the time it is proposed by the Commission
and when adopted by the Council of Ministers.

8.2. Size

It would do justice to the ongoing process of regionalization
and decentralisation and to the changing relations between the
nation states and local and regional authorities — both in EU
and non-EU countries — to reinforce the role of the COR in
the EU legislative process.

In this respect the COR would like to reiterate the demand
from the Opinion CdR 136/95 (Rapporteur: Pujol), that the
COR be recognized as a full and proper EU institution.

if the Commission or Council chose not to
Furthermore,
follow the recommendations of the COR, such should be
motivated.

The Committee of the Regions feel enlargement of the Union
requires a further increase in the size of the COR. The COR
feels an approximate maximum size of 350 members is
appropriate, and it will consider various scenarios as to how
to arrive at an adequate representation.

8.3. Composition

In view of the enlargement of the Union and the forthcoming
Intergovernmental Conference, the Committee of the Regions
feels the principle upon which appointments are made should
be re-assessed. A debate on the composition and membership
of the COR must involve representatives of the candidate
countries.

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8.4.
The COR reiterates its demands from the Pujol report,
that a new treaty makes reference to the political mandate and
political legitimacy of its members.

8.5.
Candidate countries for the first round of accession will
have observer status, allowing them to send a representative to
COR meetings.

New methods of nomination will take account of the

8.6.
equal opportunities aspect.

8.7. Operational and organisational issues

A medium term strategy on budgetary and organization
aspects must be developed as soon as possible.

It will include:

— size and composition of the COR organs (Bureau, com-

missions, etc.)

— budgetary consequences

— preparatory activities, such as language courses

— translation and interpretation.

Brussels, 15 September 1999.

8.8. The COR and the decision making process

The Committee of the Regions calls for further strengthening
of its role in the process of the development of EU legislation.
The areas of policy with which the COR should be involved
should also be extended and those with which the COR
currently deals should be made more explicit
in Treaty
agreements. The possibility to be consulted in other areas
should remain.

8.9.
The Committee of the Regions reiterates the rec-
ommendation from the Pujol report, that the COR should be
recognized as an institution. Furthermore, the Commission
and Council should be required to explain their reasons for
not following the recommendations of the COR, if and when
they choose not to do so.

8.10. The position of the COR in the EU institutional framework

The COR intends to step up cooperation with the other EU
institutions and to do so particularly in the run-up to
enlargement and the Intergovernmental Conference. One
practical way to do this would be to develop joint committees
with the European Parliament and the rapporteurs suggest the
COR secretariat take steps to arrange for such meetings to
begin taking place as soon as possible. Furthermore, the COR
will continue to further define and emphasise its own role and
position, in particular with regard to possible further European
integration.

8.11.
The Committee of the Regions must continue and
expand its assistance to the countries that are attempting to
join the European Union. The COR should provide support,
assistance and information, working alongside the other EU
institutions. The local and regional authorities in the candidate
countries must be fully involved in the enlargement process
from the very beginning. For this purpose, joint committees
should be set up where local and regional authority issues can
be discussed.

The President

of the Committee of the Regions

Manfred DAMMEYER

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APPENDIX I

to the Opinion of the Committee of the Regions

This appendix shows the current size of delegations

Current size of national delegations at the COR

Number of Members in
National Delegation

Country

Austria

Belgium

Denmark

Finland

France

Germany

Greece

Ireland

Italy

Luxembourg

Netherlands

Portugal

Spain

Sweden

United Kingdom

Total size of the COR at present is 222 members

12

12

9

9

24

24

12

9

24

6

12

12

21

12

24

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APPENDIX II

to the Opinion of the Committee of the Regions

Candidate countries’ delegation sizes based on similar size delegations under current provisions.

Country

Poland

Hungary

Czech Republic

Slovenia

Estonia

Cyprus

Malta

Latvia

Lithuania

Slovak Republic

Bulgaria

Romania

Country Populations — July 1998 Estimates

Population

Likely COR Delegation Size

38 606 922

10 208 127

10 286 470

1 971 739

1 421 335

748 982

379 563

2 385 396

3 600 158

5 392 982

8 240 426

22 395 848

21

12

12

6

6

6

6

9

9

12

12

18

Source: Central Intelligence Agency (CIA) World Factbook 1998

These are the approximate size of the delegations based on total population of the applicant states and if these figures were used
then the total membership of the COR would be 351.

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APPENDIX III

to the Opinion of the Committee of the Regions

Revised delegations based on the same formula used by the European Parliament.

Germany

UK

France

Italy

Spain

Netherlands

Greece

Belgium

Portugal

Sweden

Austria

Denmark

Finland

Ireland

Luxembourg

Total EU

No of MEPs

No of COR members

Option 1

Option 2

Current Position

99

87

87

87

64

31

25

25

25

22

21

16

16

15

6

50

44

44

44

32

16

13

13

13

11

11

8

8

8

3

33

29

29

29

21

10

8

8

8

7

7

5

5

5

2

24

24

24

24

21

12

12

12

12

12

12

9

9

9

6

626

318

206

222

This table shows the size of the COR if national delegations are based on a multiple of twice and three times the
population per MEP of existing EU Member States.

Option 1: × 2 per head of the population per MEP
Option 2: × 3 per head of the population per MEP

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APPENDIX IV

to the Opinion of the Committee of the Regions

This appendix illustrates how the size of the COR might increase if there were to be two further waves of enlargement
of the EU. Obviously this is somewhat speculative at this present time given that the circumstances of candidate
countries might change. By providing some options, this might help COR members consider issues relating to the
size of the COR.

The first wave of countries might include:

Country

Poland

Hungary

Czech Republic

Slovenia

Estonia

Cyprus

Malta

This would give a total COR size of: 222 + 69 = 291

A further second wave of enlargement might include:

Country

Latvia

Lithuania

Slovak Republic

Bulgaria

Romania

This would give a total COR size of: 222 + 129 ( 60 + 69) = 351

Number of COR members

21

12

12

6

6

6

6

Number of COR members

9

9

12

12

18

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APPENDIX V

to the Opinion of the Committee of the Regions

Internal organization of candidate countries for the first round of accession

Country

Number of regional authorities
or intermediate level

Number of local authorities

Election systems

The Czech
Republic

Cyprus

8 regions (kraje).

6 242 municipalities
487 with the statute of town).

(of which

No regional level. 6 districts 32 municipalities.
under the authority of the
central government.

The mayor is elected directly. The Municipal Councils are
also directly elected and their number depends on the size
of the local electorate, a minimum of eight and a maximum
of twenty-six.

Estonia

No
level,
regional
15 counties (maakond).

but 254 local authorities (of which The municipal council is elected directly. The mayor is

45 urban municipalities (linn) and elected from among council members.
209 rural municipalities (vald).

Hungary

regional

No
19 counties.

level,

but 3 156 municipalities

(of which The local

is represented by the municipal council
2 900 districts or communes). Dif- which is elected by direct universal suffrage. In the smallest
ferent types of communes: 1 143 constituencies the mayor is elected directly by ordinary
ordinary communes, 277 ‘major
citizens, whilst in the largest constituencies the mayor is
communes’, and 155 towns and elected by the Council.
8 ‘major towns’.

level

Poland

16 voivodships represented 2 468 communes, including towns The local level is represented by the municipal councils
‘Gmina’ elected by direct universal suffrage on the basis of
by the ‘sejmik wojewodzki’
proportional representation. The number of councillors
(assembly of voivodships).
varies between 15 and 100, depending on the size of the
373 counties (‘powiats’).
municipalities. The municipal council elects a mayor ‘Wojt’
for villages, a ‘Burmistrz’ for small towns.

and villages.

Slovenia

No regional level.

60 local administrative units whose The municipalities are governed by a mayor (‘zupun’), who
is directly elected, and a municipal council (‘obciinski svet’ or
leaders
are
interior minister.
‘mestni svet’).
palities.

the
147 munici-

appointed by