WRITTEN QUESTION E-2829/99 by Nicholas Clegg (ELDR) to the Commission. Policy competences under the Treaty of Amsterdam.
Date: 2000-01-18
Institutions: European Parliament, Provisional data
Subjects: EU competence, competence of the Member States, principle of subsidiarity

3.10.2000

EN

Official Journal of the European Communities

C 280 E/141

supported. Indeed, cultural activities are likely to be reinforced with the creation of the new Agency for
reconstruction of which the mandate also covers the reinforcement of cultural institutions.

In July 1999, the Commission launched a damage assessment mission in Kosovo (carried out by the
International management group), the terms of reference of which include the assessment of damage done
to cultural sites. The final report which has not yet been issued, will provide valuable input for the future
work of the Agency for reconstruction.

The combating of looting and trafficking of Kosovo(cid:146)s treasures does not fall within the Commission(cid:146)s
mandate in Kosovo. Matters of security are rather the responsibility of KFOR (the Kosovo Force) and, to a
certain extent of the United Nations interim administration in Kosovo (UNMIK). The extent to which the
trafficking is due to looting which was carried out prior to the end of the conflict in June 1999, or
whether this is a phenomenon since June 1999, is being examined.

(2000/C 280 E/152)

WRITTEN QUESTION E-2829/99

by Nicholas Clegg (ELDR) to the Commission

(18 January 2000)

Subject: Policy competences under the Treaty of Amsterdam

As guardian of the Treaties, and in view of the need to illustrate the principle of subsidiarity in practical
terms, has the Commission at its disposal a detailed and comprehensible list of the various policy
competences as set out in the Treaty of Amsterdam, categorised according to the different powers enjoyed
by the EU and Member States in each policy area? If not, why not? If such a policy exists, could the
Commission make it available to the public?

Answer given by Mr Prodi on behalf of the Commission

(10 March 2000)

The Community institutions can exercise the powers conferred on them by the Treaty. Powers are
conferred on the Community depending on the objectives to be attained, not according areas of activity.
More specifically, according to Article 5 (former Article 3b) of the EC Treaty, the subsidiarity principle
applies only in areas which do not fall within the exclusive powers of the Community. The Treaty neither
defines the concept of exclusive powers, nor enumerates the areas it covers.

In its 1992 communication on the subsidiarity principle (1), the Commission sought to outline the areas of
exclusive powers, while stressing that they evolve depending on progress in European integration.

In the Commission view this approach is still valid, even following adoption of the protocol on the
application of the subsidiarity and proportionality principles annexed to the Amsterdam Treaty.

The protocol sets out a dynamic view of subsidiarity. It means that Community action can be extended
where circumstances require, within the limits, of course, of the objectives laid down in the Treaty.
Conversely, it can be terminated when action is no longer justified.

Consequently, the Union(cid:146)s powers are not set in stone. On the contrary, they are to be activated when
required and no action should be taken when there is no justification for it.

(1)

SEC(92) 1990 final.