WRITTEN QUESTION P-2579/99 by Fernando Fernández Martín (PPE-DE) to the Commission. Wording of Article 158 of the Treaty, relating to islands.
Date: 1999-12-16
Institutions: European Parliament, Provisional data
Subjects: Treaty of Amsterdam, legislative drafting

18.7.2000

EN

Official Journal of the European Communities

C 203 E/175

from the Community,

the Energy Charter Conference supported by its chairman,
On a proposal
Mr Christophersen, decided on 7 December 1999 by consensus to replace the present Secretary general,
Mr Sch(cid:252)tterle (Germany) as of 1 January 2000 by Mrs. Kemper (Germany) for four years with an option
for an additional period of two years.

(2000/C 203 E/227)

WRITTEN QUESTION P-2579/99

by Fernando FernÆndez Mart(cid:237)n (PPE-DE) to the Commission

Subject: Wording of Article 158 of the Treaty, relating to islands

(16 December 1999)

The Treaty of Amsterdam amended Article 158 of the Treaty, which relates to economic and social
cohesion, so that it now contains a reference to islands. The way in which the article is worded varies, and
is sometimes contradictory, depending on which language version is referred to.
In some language
versions, Article 158 only covers (cid:145)the least favoured regions or islands(cid:146) while in other language versions
it applies (cid:145)to disadvantaged regions or to islands(cid:146). These two phrases clearly have very different meanings:
the first version states that the islands are merely a subcategory of the regions designated as disadvantaged
on the basis of socio-economic criteria while the second version clearly identifies the fact of being an
island as a separate criterion, and calls for special treatment.

The fact that inconsistencies have been allowed to appear in a text as important as the Treaty is quite
astounding. What is even more amazing is the way in which the wording of the French version developed
between June 1997 (following the IGC) and November of the same year (when it was published in
OJ C 340). In June 1997, the European Council(cid:146)s Web site published a summary of the agreement reached
in Amsterdam. The French text was as follows:

(g)

Island Regions

Article 130a(2) of the EC Treaty shall be amended as follows:

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 or of the islands,
including rural areas.

A few months later, the wording had been changed and, in the text published in the Official Journal,
became:

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 or islands, including rural
areas.

It should be pointed out that the alterations seem, as far as we know, to have been made only to the
French version, since in the other published language versions of the Treaty (such as the Italian version)
Article 158 refers to (cid:145)the least favoured regions or the islands(cid:146). It would therefore appear that the
discrepancies cannot be attributed to the harmonisation of the text by lawyers and translators following
the agreement reached in Amsterdam, which would have been subject to the unanimous consent of the
Member States.

Commissioner Barnier, in both his current capacity as the Commissioner responsible for regional policy
and as the former French Minister for European Affairs, responsible for the IGC negotiations until June
1997, would appear to be in a better position than anyone to explain to Parliament why the wording of
Article 158 changed.

Could he explain to Parliament why the wording of the French version of Article 158 of the Treaty
changed between June 1997 and November 1997? Which of the two versions,
(cid:145)of the least favoured
regions or islands(cid:146) or (cid:145)of the least favoured regions or of the islands(cid:146) corresponds, in letter and spirit, to the
text which he negotiated, and to which France agreed, at the Intergovernmental Conference?

Answer given by Mr Prodi on behalf of the Commission

(18 January 2000)

At the Amsterdam European Council of 16 and 17 June 1997, the Intergovernmental Conference of Heads
of State or Government reached an agreement on a draft Treaty on the basis of the texts set out in
document CONF 4001/97. This document was disseminated to a restricted circle. As stated in the

C 203 E/176

Official Journal of the European Communities

EN

18.7.2000

conclusions of the Amsterdam European Council, the texts still had to be finalised, an indispensable stage
involving legal correction and harmonisation, before the Treaty could be signed. The Amsterdam Treaty
was signed on 2 October 1997. (1) Any differences between document CONF 4001/97 and the Amsterdam
Treaty are therefore attributable to the legal correction and the final harmonisation of
the texts,
particularly as regards their concordance in all the languages in which the Treaty was drawn up.

(1) OJ C 340, 10.11.1997.

(2000/C 203 E/228)

WRITTEN QUESTION E-2598/99

by Roy Perry (PPE-DE), Mariotto Segni (UEN), Jean-Claude Fruteau (PSE),
Luigi Cocilovo (PPE-DE), Ioannis Theonas (GUE/NGL), Raffaele Lombardo (PPE-DE),
Francesco Musotto (PPE-DE), Konstantinos Alyssandrakis (GUE/NGL),
Elspeth Attwooll (ELDR) and Carlos Ripoll y Mart(cid:237)nez de Bedoya (PPE-DE)
to the Commission

Subject: Wording of Article 158 of the Treaty relating to islands

(11 January 2000)

The Treaty of Amsterdam amended Article 158 of the Treaty, which relates to economic and social
cohesion, so that it now contains a reference to islands. The way in which the article is worded varies, and
is sometimes contradictory, depending on which language version is referred to.
In some language
versions, Article 158 covers only (cid:145)the least favoured regions or islands(cid:146), while in other language versions
it applies (cid:145)to disadvantaged regions or to islands(cid:146). These two phrases clearly have very different meanings:
the first version states that the islands are merely a subcategory of the regions designated as disadvantaged
on the basis of socio-economic criteria, while the second version clearly identifies the fact of being an
island as a separate criterion and calls for special treatment.

The fact that inconsistencies have been allowed to appear in a text as important as the Treaty is quite
astounding. What is even more amazing is the way in which the wording of the French version changed
between June 1997 (following the IGC) and November of the same year (when it was published in
OJ C 340). In June 1997, the European Council(cid:146)s web site published a summary of the agreement reached
in Amsterdam. The French version read as follows:

(g)

Island Regions

Article 130a(2) of the EC Treaty shall be amended as follows:

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 or of the islands,
including rural areas.

A few months later, the wording had been changed; in the text published in the Official Journal, it became:

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 or islands, including rural
areas.

It should be pointed out that the change seems to have been made, as far as we know, only to the French
version, since, in the other published language versions of the Treaty (such as the Italian version), Article
158 refers to (cid:145)the least favoured regions or the islands(cid:146). It would therefore appear that the discrepancies
cannot be attributed to the harmonisation of the text by lawyers and translators, work carried out with the
unanimous consent of the Member States, following the agreement reached in Amsterdam.

Commissioner Barnier, in both his current capacity as the Commissioner with special responsibility for
regional policy and as the former French Minister for European Affairs responsible for the IGC negotia-
tions until June 1997, would appear to be in a better position than anyone to explain to Parliament why
the wording of Article 158 changed.

Could he explain to Parliament why the wording of the French version of Article 158 of the Treaty
changed between June 1997 and November 1997? Which of the two versions,
(cid:145)of the least favoured
regions or islands(cid:146) or (cid:145)of the least favoured regions or of the islands(cid:146) corresponds, in letter and spirit, to the
text which he negotiated on behalf of France, at the Intergovernmental Conference?