Opinion of the Committee of the Regions on 'the 2000 Intergovernmental Conference'
Date: 2000-02-17
Institutions: European Committee of the Regions
Subjects: European Union, intergovernmental conference (EU), promotion of the European idea, public awareness campaign

C 156/6

EN

Official Journal of the European Communities

6.6.2000

Opinion of the Committee of the Regions on ‘the 2000 Intergovernmental Conference’

(2000/C 156/02)

THE COMMITTEE OF THE REGIONS,

having regard to the presidency conclusions of the European council in Helsinki of 10 and 11 December
1999;

having regard to the report of the European Commission’s group of experts chaired by Mr Dehaene of
18 October 1999;

having regard to the Communication from the Commission to the Council, the European Parliament, the
Economic and Social Committee and the Committee of the Regions ‘Adapting the institutions to make a
success of enlargement’ — Contribution by the European Commission to preparations for the Inter-
Governmental Conference on institutional issues dated 10 November 1999;

having regard to the Commission Opinion in accordance with Article 48 of the Treaty on European
Union on the calling of a Conference of Representatives of the Governments of the Member States to
amend the Treaties of 26 January 2000;

having regard to the European Parliament’s Resolution on the preparation of the reform of the Treaties
and the next Intergovernmental Conference of 18 November 1999;

having regard to the Resolution of the European Parliament on the convening of the Intergovernmental
Conference of 3 February 2000;

having regard to its opinions concerning the Principle of subsidiarity (CdR 302/98 fin — CdR 136/95) (1);

having regard to its resolution on the ‘Outcome of the Intergovernmental Conference’ of 20 November
1997 (CdR 305/97 fin) (2);

having regard to its opinion on the institutional aspects of enlargement ‘Local and regional Government
at the heart of Europe’ of 15 September 1999 (CdR 52/99 fin) (3);

having regard to its resolutions of 3 June 1999 (CdR 54/99 fin) (4) and 18 November 1999 on the next
Intergovernmental Conference (IGC) (CdR 473/99 fin) (5);

having regard to its resolution on ‘The ongoing EU enlargement process’ of 17 November 1999 (CdR
424/99 fin);

having regard to the decisions of the Bureau of 15 July 1998 to draw up, in accordance with the fourth
paragraph of Article 198c of the Treaty establishing the European Community, an opinion on the subject,
and to instruct the Commission for Institutional Affairs to prepare the Committee’s work on the subject;

having regard to the draft opinion adopted on 17 January 2000 by the Commission for Institutional
Affairs on the 2000 Intergovernmental Conference (rapporteurs Mr Koivisto (FIN, PSE) and Mr Van den
Brande (B, PPE);

whereas a correct juridical definition of ‘Subsidiarity’ requires the presence of regions in the notion and
in the wording of Article 5;

(1) OJ C 198, 14.7.1999, p. 73 — OJ C 100, 2.4.1996, p. 1.
(2) OJ C 64, 27.2.1998, p. 98.
(3) OJ C 374, 23.12.1999, p. 15.
(4) OJ C 293, 13.10.1999, p. 74.
(5) OJ C 57, 29.2.2000, p. 103.

6.6.2000

EN

Official Journal of the European Communities

C 156/7

whereas the ‘2000 Intergovernmental Conference’ is to provide a new opportunity to move forward the
process of European integration by reforming the Union’s institutions based on the three criteria of
representativeness, efficiency and closeness to the citizens;

whereas the Committee of the Regions, by virtue of the fact that its members are the political
representatives of the local and regional authorities, considers that it can make a legitimate contribution
to the reform process to be launched with the aim of preparing the European Union for further
enlargement;

whereas enlargement will have consequences for the Committee of the Regions and will necessitate
amendments to the Treaty of Amsterdam to make the COR more effective and representative;

whereas some of the regions represented by members of the Committee of the Regions taking into
account their constitutional competences that give them special responsibilities in relation to the
ratification of the ‘2000 IGC’ (Belgian Regions and Communities, German and Austrian Länder), will be
called upon to play an important role on behalf of regionalism;

whereas the EU should also support efforts by the Council of Europe and other bodies to promote
democracy in Europe’s various states,

adopted the following opinion at its 32nd plenary session on 16 and 17 February 2000 (meeting of
17 February).

1.

Introduction

1.1.
The importance of the local and regional level has
grown in recent years within Europe. Decision-making close
to the citizen is necessary to counterbalance and complement
the general trend towards globalisation. This being so, the
European Union should not consist merely of cooperation
between states — the views of local and regional authorities
must also be heard. In particular, this means that European
integration should no longer be restricted to economic cooper-
ation, but should, increasingly, entail political decision-making
which has an impact on every level of government. Local and
regional authorities are responsible for implementing EU
legislation in many key areas and therefore they want to be
well informed so that they can participate fully and take part
in the decision-making process. As a matter of fact, EU policies
are expected to enhance the capacity of the local and regional
level to respond to citizens’ needs in different areas.

level. The Committee of

of Member States to matters of relevance to the local and
the Regions submitted
regional
resolutions to both the Cologne and Helsinki Summits. In this
opinion the Committee of the Regions wishes to present its
views on the issues which the Helsinki Summit concluded
should be discussed at the IGC.

2. EU enlargement as the starting point for the IGC

EU enlargement is essential for Europe’s future. A
2.1.
common European tradition, cultural diversity and the peace
process which began after the Second World War are the
determinants of a united Europe. From a historical perspective
we are now returning to a normal state of affairs in Europe, in
which some of the artificial boundaries of the past have been
removed.

From the 1990s onwards,

increasing account has
1.2.
indeed been taken of local and regional authorities in EU
decision-making. An example of this is the creation of the
Committee of the Regions by the Maastricht Treaty. The EU is
also now required to make a prior assessment of the economic
its decisions for local
and administrative implications of
government. This is a step in the right direction. However
there remains a need for determined action to ensure that local
and regional government is given the role which it deserves
within the EU.

EU enlargement is a demanding process for both the
2.2.
applicant countries and the EU’s current Member States. The
applicant countries will have to adapt to major legislative,
economic and administrative changes, whereas existing Mem-
ber States must be open to reform some of the EU’s structures
and procedures. In an enlarged EU it will not be possible to
operate in the same way as before, when both the Member
States and responsibilities were fewer in number than in the
new EU which will encompass most of the countries in Europe.

1.3.
For this reason the Committee of the Regions, as the
representative of Europe’s local and regional authorities,
made its own contribution to the previous Intergovernmental
Conference (IGC) launched in 1996, by drawing the attention

2.3.
Institutional reform is necessary in the run-up to
enlargement. The current decision-making structure, which
was originally designed for a small number of Member States,
will no longer be feasible in an enlarged EU. Various other
reforms are also necessary.

C 156/8

EN

Official Journal of the European Communities

6.6.2000

The Committee of the Regions is of the opinion that the work
of
the IGC should not contribute to any delay in the
enlargement negotiations.

complex working structure, the EU is far-removed from its
citizens. It is extremely important to make the EU more
democratic to ensure that it retains its legitimacy.

The participation of the local and regional authorities
2.4.
of
the applicant countries in the enlargement process is
essential to ensure that EU membership receives the democratic
support of the public in these countries. Cooperation solely
between the governments of EU countries and applicant states,
which sidelines local and regional authorities and citizens,
cannot deliver sustainable results.

2.5.
The Committee of the Regions has taken an active part
in the EU’s enlargement process by presenting its views on
enlargement-related issues. Since 1997, the Committee has
also conducted a dialogue between its members and the
political representatives of the local and regional level in the
applicant states.

2.6.
The conferences organised by the Committee of the
Regions in the applicant countries have demonstrated that the
local and regional level is necessary in creating a modern
democracy in these countries. The local and regional level also
has a significant role to play in the implementation of EU
legislation. Furthermore, the importance of local and regional
authorities is growing as many countries are transferring
power from central government to the local and regional level.
Nevertheless, local and regional authorities in the applicant
countries do not receive sufficient information on the nego-
tiations between the EU and their own governments, nor are
they sufficiently involved in preparations for membership. The
Committee of the Regions is of the opinion that the work of
the IGC should facilitate such information on the enlargement
negotiations.

Moreover, the Committee of the Regions considers that there
is a need for specific coherent European programmes for co-
operation between the local and regional governments of the
present EU states, and our national associations, to work in
partnership with our counterparts in the accession states, to
assist in developing capacity and in ensuring that local and
regional government
in the accession countries are well
prepared for their future tasks and responsibilities as members
of the Union.

3. The objectives of the Intergovernmental Conference

EU enlargement

3.1.2.
is increasingly highlighting the
importance of democracy as a key principle of the EU’s
Member States. The new EU members will include countries
where the perception of democracy and the role of citizens in
the political process has been different to that in the existing
Member States. It is important that democracy in the Member
States is not only played out at state level, but is based on
democratic local and regional government.

3.1.3.
The principle of transparency is also inherent to a
well-functioning democracy. It can be considered to be one of
the democratic rights of citizens. In the EU the concept of
transparency applies mainly to the right of citizens to access
information and documents relating to the EU. It also refers to
the need to produce clearer legislative texts. The EU institutions
have also been making efforts to improve the transparency of
their work and decision-making processes in order to promote
a better and broader understanding of European integration.
The Committee of the Regions feels it is important for the
transparency principle to be applied effectively in practice in
all areas of the EU’s work.

3.1.4.
EU democracy cannot function properly unless the
Treaties and the decision making procedures become trans-
parent and intelligible to citizens. A radical rationalization and
simplification is called for.

The COR therefore endorses the proposals of the European
Parliament regarding the structure of the Treaties. The Treaties
are to be unified in a single text, that consists of two sections.

a) a ‘constitutional’ or basic section containing the preamble,
the objectives of the Union, fundamental rights and the
provisions concerning the institutions, decision making
procedures and the various competences. This section can
only be changed by an IGC.

b) a section containing the policies of the EU. This section
can be changed in the lighter procedure on the basis of
qualified majority voting and co-decision.

3.1. A democratic and transparent citizens’ Europe

3.1.1.
Democracy at the local and regional level is one of
the most important cornerstones of society. Democracy is a
fundamental principle of EU Member States. Nevertheless,
there is often talk of a democratic deficit with regard to the
EU. The EU is not sufficiently democratic, and because of its

3.1.5.
One of the EU’s most important tasks in the near
future will be to bring the EU closer to its citizens, in other
words, to create a citizens’ Europe. It is true that, up till now,
there has not been sufficient contact between the EU and its
citizens and, as European integration deepens and widens, it
will become increasingly difficult to establish this contact.
Bringing the EU and citizens closer together will only be
possible if the EU manages to apply the transparency principle

6.6.2000

EN

Official Journal of the European Communities

C 156/9

in its decision-making and if it pursues general issues which
are important to the public, such as employment promotion,
cross-border environmental-protection, and the fight against
international crime.

3.1.6.
A Charter of fundamental rights of the European
Union will mark an important stage in the development of
relations between the EU and its citizens. Careful thought must
be given to the content and legal importance of such a charter.

3.2. The principle of subsidiarity

3.2.1.
The purpose of the subsidiarity principle is to ensure
that decisions are taken as closely as possible to the citizen. In
areas which do not fall within its exclusive competence, action
should only be taken by the EU if it will be more effective than
at the national level. The level of government which is chosen
should, as often as possible, be the local or regional one,
particularly when the issues in question directly affect citizens.
Local and regional authorities have traditionally operated in
fields of direct concern to citizens, in which it is particularly
important to apply the principle of subsidiarity.

3.2.2.
Implementation of European policy and the realis-
ation of an increasing political, social and territorial cohesion
in Europe require the EU to give decision-making levels close
to citizens as much scope for action as possible. At the same
time the EU must be given the opportunity to act effectively in
areas where its competences are important
to everyone.
Member States must be honourable in their dealings with the
EU and must apply Community law correctly and transparently
observing the subsidiarity principle (1).

3.2.3.
Local and regional authorities should be consulted
on all Community policies which have a significant impact on
them before political strategies are decided and implemented.
When examining draft EU legislation, the Committee of the
Regions wishes to give its opinion not only on the general
impact on local and regional government, but also on whether
the subsidiarity principle is being respected. Member States
should also negotiate with local and regional authorities when
preparing their positions on EU issues which affect these
authorities.

4. The preparation and content of the Intergovernmental

Conference

The Committee of the Regions welcomes the report on
4.1.
the institutional
impact of EU enlargement drafted by a
working group under the chairmanship of the former Belgian
prime minister, Jean-Luc Dehaene. The Committee of the
Regions is particularly pleased that the report considers the
contact with citizens to be a priority.

4.2.
In its contributions to preparation for the Inter-
Governmental Conference on institutional issues (2), the Euro-
pean Commission states that the accession of several new
Member States is the most important political objective for the
beginning of the new millennium. Once the IGC is over, the
EU will not be able to tackle enlargement and institutional
reform at
the same time. Sustainable foundations must,
therefore, be laid for the Community’s institutions. Reform
must be carried out now, as after enlargement the EU must be
capable of furthering its goals and consolidating European
integration together with the new Member States. The Com-
mittee of the Regions feels that the Commission has presented
a very clear explanation of the purpose and justification for
the IGC and this must be retained as the starting point of the
IGC. In its Opinion in accordance with Article 48 of the Treaty
on European Union on the calling of a Conference of
Representatives of the Governments of the Member States to
amend the Treaties of 26 January 2000, the Commission has
proposed that the size of the Committee of the Regions’
membership be reviewed at the IGC. The Committee has
examined this issue and drawn up a proposal on the number
of new members.

4.3.
The Committee of the Regions is pleased to note that,
in its Resolution on the convening of the Intergovernmental
Conference (3) the European Parliament has emphasised the
importance of public debate, transparency and democratic
accountability. The Committee agrees that these are essential,
as is the permanent dialogue with applicant countries which is
also stressed in the resolution.

5. The conclusions of the Committee of the Regions

5.1.
The EU only commands legitimacy if it wins the
approval of the public. Bringing the EU and citizens closer
together must therefore be the starting point for EU reform.
The underlying objective of institutional reform must be to
consolidate and democratise the EU’s institutions so that they
can rise to the challenges posed by enlargement.

A radical rationalisation and simplification of

5.2.
the
Treaties is called for. The COR therefore endorses the proposals
of the European Parliament regarding the structure of the
Treaties.

The main themes of the IGC — the composition of the
5.3.
the weighting of votes in the Council and
Commission,
increasing the use of qualified majority voting — are important
to the EU’s future. However, other issues must also be included
to make a more radical reform. The conclusions of the Helsinki
European Council already provide for such a possibility.
Solutions acceptable to both current and future Member States

(1) CdR 302/98 fin.

(2) Communication of 10 November 1999 and Opinion of 26 Janua-

ry 2000. COM(1999) 592 final — COM(2000) 34 final.

(3) A5-0018/2000.

C 156/10

EN

Official Journal of the European Communities

6.6.2000

must be found. Special care must be taken to avoid conflicts
between small and large Member States.
is similarly
important that the IGC considers the possibility of inserting
the text of Charter of fundamental rights of the European
Union into the new treaty. Rules for enhanced cooper-
ation/flexibility should be established, as suggested by the
Dehaene report.

It

The Committee refers to schemes and arrangements for
regional- and local-level
involvement in national opinion-
forming and policy-making on European integration issues.
The Committee calls on Member States to use the experience,
knowledge and closeness to the citizen enjoyed by regions,
towns and local authorities to increase the level of support for
European decisions.

5.4.
The Committee calls for Article 5 of the Treaty to be
amended so that it will not only take into consideration the
levels of the Community and of the national sovereignty of the
Member States, but the special status of local and regional
government as well. This is the priority position of the
Committee of the Regions since it has been outlined in the
Committee’s opinion on subsidiarity ‘Developing a genuine
culture of subsidiarity, an appeal by the Committee of the
Regions (1)’. This full application of the principle of subsidiarity
illustrates the role that the regions and local authorities wish
to play in the unification process. Transparency and popular
support are enhanced by clearly establishing which tier is
responsible for which tasks.

The COR reiterates the importance of the declaration signed
by Belgium, Germany and Austria that by virtue of the
subsidiarity principle, EU action should concern not only the
Member States, but also their constituent entities, insofar as
these have their own legislative powers recognized under
national constitutional law. The Committee also takes the view
that, taking account of the respective administrative structures
in each Member State it must logically be possible to apply
this declaration to regional and local entities in non-federal
states; the Committee urges all Member States to endorse the
Declaration, beginning with those whose territorial entities
have constitutionally enshrined legislative powers.

The COR supports the efforts of those regional parliaments
with legislative powers to forge closer institutional links with
the European Parliament.

5.5.
The Committee of the Regions should be invited to
take part in the IGC from the outset as an equal partner to the
European Parliament, and it must be allowed to play an active
role in the negotiations and decision-making of the IGC.

As the institutional reforms which will emerge from the IGC
will profoundly influence the lives of the people of Europe,
regional and local authorities ask to be informed and to be
able to have a direct impact on the elaboration of the legal
instruments which will determine these reforms.

(1) CdR/302/98 fin.

5.6.
The regions and local authorities of Europe are a
symbol of Europe’s great cultural variety. This basic feature of
our society will still increase with the enlargement through
which many regions from Central and Eastern Europe will
reunite with Europe. Local and regional authorities hope that
a correct political expression of subsidiarity will be found for
this richness of culture which is a part of the competences of
local and regional authorities.

5.7.
From now on the Committee of the Regions will
carefully monitor the IGC in general, taking into account the
In
timetable foreseen by the Helsinki European Council.
particular, the Committee will pay attention to the possibility
for the Portuguese Presidency to propose other issues to be
added to the agenda of the IGC. A new initiative of the
Committee of the Regions, to be elaborated before then,
should therefore not be excluded.

The Committee of the Regions, taking note of points 20 and
23 of the Presidency Conclusions of Helsinki and in particular
of annex III
‘Guidelines for Reform and Operational Rec-
ommendations’, expresses the wish to be consulted about
these matters which are particularly important for regions
with legislative powers.

5.8.
The principle of local and regional self-government
must be added to the principles common to the Member States
which are mentioned in the Treaties and upon which the EU is
founded, namely liberty, democracy, respect for human rights
and fundamental freedoms, and the rule of law.

The Committee of the Regions proposes that its status
5.9.
as an EU institution be recognised within the meaning of
Article 7(1) of the Treaty. The IGC should contribute to the
realisation of the goal of the establishment in Europe of a third
level of government, namely of local and regional authorities.

5.10.
The Committee of the Regions takes this opportunity
to underline the importance of its Resolution of 20 November,
in
1997 concerning the ‘outcome of the IGC’ of 1997,
particular points 10, 11 and 12 concerning the Committee’s
views on the shortcomings of the previous IGC: many of
those (2) are still valid at the eve of the ‘2000 Intergovernmental
Conference’.

(2) In particular, the modification of the previous Article 3b (now
Article 5 of the Treaty establishing the European Community),
the appended Declaration on subsidiarity, the principle of local
self-government, institution status for the COR, appeal to the EU
Court of Justice and co-decision.

6.6.2000

EN

Official Journal of the European Communities

C 156/11

EU enlargement requires increasing the membership
5.11.
Increasing the overall
of
the Committee of the Regions.
local and regional
number of members will ensure that
authorities in the new Member States are sufficiently represent-
ed in the Committee. The Committee feels that an approximate
maximum size of 350 members would be appropriate. This
would ensure that the size of the delegations, the represen-
tation of local and regional authorities, and the geographical
spread of each Member State’s representatives are equitable. It
is important to ensure that these criteria are also fulfilled when
selecting small national delegations (1). For this reason the COR
does not support the proposal by the European Commission
restricting the number of members to one third of that of the
European Parliament, which would mean a maximum of
233 members.

The principles currently set out in the Treaty upon
5.12.
which the members of the Committee of the Regions are
appointed need to be re-assessed. To be appointed, Committee
members must hold office as elected representatives in their
regions or localities, or be politically responsible to a represen-
tative assembly elected by direct universal suffrage (2). A
committee member who loses such mandate should, after

(1) CdR 52/99 fin.
(2) CdR 305/97 fin.

Brussels, 17 February 2000.

6 months, automatically cease to remain a member. The
Member States are required to ensure the timely appointment
of a successor.

5.13.
The Committee of the Regions must be granted the
formal right to bring proceedings before the European Court
of Justice in order to defend its rights. The right to institute
proceedings must also be granted to regions with legislative
powers (2).

5.14.
An effective institutional arrangement requires con-
tact and negotiations between the institutions. The Committee
of the Regions hopes that it will be included in negotiations
on matters discussed in informal Council meetings.

5.15.
In areas of obligatory consultation, 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. The European Parliament should do
so on a voluntary basis.

Finally, the Committee of the Regions wishes to
5.16.
emphasise that it has a key role to play as the representative of
local and regional government and of European citizens. The
Committee helps to ensure that the European ideal takes root
in the everyday life of citizens, helping them to understand the
aspirations and objectives of the EU.

The President

of the Committee of the Regions

Jos CHABERT