Opinion of the Economic and Social Committee on 'The 2000 Intergovernmental Conference - The role of the European Economic and Social Committee'
Date: 2000-03-01
Institutions: European Economic and Social Committee
Subjects: European Economic and Social Committee, European integration, European treaties, enlargement of the Union

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Official Journal of the European Communities

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Opinion of the Economic and Social Committee on ‘The 2000 Intergovernmental Conference —
The role of the European Economic and Social Committee’

(2000/C 117/06)

On 24 November 1999, the Bureau of the Economic and Social Committee instructed an ad hoc group,
made up of co-rapporteurs Ms Sigmund, Mr Little and Mr Piette, to draft the Committee’s Opinion on
‘The 2000 Intergovernmental Conference — The role of the European Economic and Social Committee’.

At its 370th plenary session on 1 and 2 March 2000 (meeting of 1 March), the Economic and Social
Committee adopted the following opinion by 137 votes to 10, with 25 abstentions.

1.

Introduction

Imminent major scale enlargement has presented the European
Union with an unprecedented challenge, and it is up to the
European institutions to find an appropriate response.

Before enlargement, the European Union needs institutional
reform, to enable it to continue the function effectively,
consistently and transparently, while safeguarding the prin-
ciples of liberty, democracy, respect for human rights and
fundamental freedoms, and the rule of law, principles that are
common to the Member States.

The Committee’s consensus-based procedures for making
decisions are a mirror image of the communication methods
inherent to civil society organisations. At the ESC, the represen-
tatives of civil society organisations receive direct information
and are able to express their views and defend their interests.
Its proximity to the public enables the ESC to contribute
directly and effectively to the transparency and democratisa-
tion of European integration. It is more than just an insti-
tutional framework for consulting the economic and social
operators, it is also a bridge between Europe and the diverse
and complex world of civil society organisations.

The European Union’s institutions and bodies are therefore
each required to reflect on means for reform, and to make
proposals accordingly.

3. The need for change

The ESC is aware of its responsibility as the forum for civil
society organisations.

It is in this spirit that the ESC has prepared its contribution to
the 2000 IGC, with a view to preparing for enlargement and
contributing effectively to European integration.

2. The current role of the committee

The Economic and Social Committee was established by the
Treaty of Rome as the only European-level consultative body
to gather together the ‘various categories of economic and
social activity’. The representatives of these categories reflect
the whole gamut of civil society organisations and the
Committee offers them a forum for debate and reflection.

The ESC currently consists of 222 members drawn from
organisations representing employers, employees,
farmers,
carriers, SMEs, craft industries, the professions, cooperatives,
consumers, environmental
the voluntary sector,
families and young people. The proportion of representatives
from each domain varies from country to country. The
therefore, a non-political assembly which
Committee is,
encompasses a broad swathe of experience and high-level,
well-respected expertise.

interests,

The Committee has always stressed that European integration
should not be treated as being static but as a constantly
the Committee has,
evolving process. At previous IGCs,
therefore, always suggested reforms that advance this process.

Enlargement is more than a challenge, it is also an opportunity
for the European Union to reform its institutions. The
Committee hopes to acquire the appropriate means to enable
it to enhance its contribution to European integration, ensure
enlargement is successful and respond to the changes in and
expectations of civil society organisations.

4. Recommendations

4.1. Membership

The Committee is made up of representatives of the various
components of organised civil society.

Its membership must take account of the need to ensure
proper representation of the various categories of economic
and social activity and of the general interest.

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Furthermore, regarding internal organisation, the Committee
is resolute as to the need to maintain its three-group structure.
Groups I and II bring together representatives of social
partners, while Group III represents the other European
civil society organisations, and completes the ESC’s diverse
membership.

4.2. Method of appointment

The current method of appointment must be maintained for
reasons of subsidiarity and transparency and to preserve the
necessary direct communication link between the civil society
organisations of the Member States and the ESC.

Nonetheless, the ESC does not rule out the possibility at some
time in the future of additional direct and limited appointment
by representative European organisations recognised by the
EU institutions, taking account, where necessary, of similar
changes which may occur in other institutions. Thought
must be given to the rules to be adopted to govern such
appointments.

4.3. Number of members

4.5. Tasks

There is room for improvement on a number of scores.

The principle of compulsory referral must be maintained. It
should even perhaps be extended to cover areas such as
culture, migration policy or possibly questions relating to
non-discrimination. However, the Committee could be left to
judge for itself whether a Commission proposal merits an
opinion; it would then inform the Commission of the reason
for its decision.

The Committee places particular importance on performing
its advisory role at
the early and exploratory stages of
developing new legislation. To give that emphasis and to
concentrate on the key areas of strategic importance, the
Committee intends to be more selective in its work.

To ensure greater transparency in the decision-making process,
opinions produced by the ESC at the request of a European
Institutions that have
institution should be followed up.
consulted the ESC should inform it of their response to the
opinions requested.

Furthermore, the Committee’s consultation role should be
improved to increase the added value it offers the other
institutions and to enable it to act as the contact point for civil
society organisations. This could be achieved by:

The Committee acknowledges fully that membership increases
arising from enlargement will have to be limited.

— offering the Commission a pre-legislation ‘exploratory’

option for consulting the Committee,

With this in mind, the general principle of the equal treatment
of the Economic and Social Committee and the Committee of
the Regions must apply.

— giving the Committee responsibility for organising or
coordinating consultation on specific complex subjects,

Geographical balance, and in particular an adequate level of
the smaller Member States, should be
representation of
maintained.

— setting up the Committee as a suitable meeting point for
the civil dialogue that should be built up between the civil
society organisations,

— and strengthening the role of the ESC as the framework
for consultation between the economic and social partners.

4.4. Period of office

On its own initiative the ESC will also pay more attention to
monitoring and promoting follow-up to its opinions.

The period of office of Committee members should be
lengthened to five years, in order to bring the Committee into
step with the Commission and the Parliament.

4.6. Establishing the committee as a fully fledged institution

Appointments must remain renewable.

(p.m.)

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5. Proposal on the articles of the treaty concerning the Economic and Social Committee

Current text of EC Treaty

Article 257 (ex-article 193)

ESC proposals

Article 257

An Economic and Social Committee is hereby established. It shall have
advisory status.

A European Economic and Social Committee is hereby established. It
shall have advisory status.

The Committee shall consist of representatives of the various categories
of economic and social activity,
in particular, representatives of
producers, farmers, carriers, workers, dealers, craftsmen, professional
occupations and representatives of the general public.

The Committee shall consist of representatives of the various
economic and social components within organised civil society.

Its membership shall take account of the need to ensure adequate
representation of the various categories and of the general
interest.

Article 258 (ex-article 194)

Article 258

The total number of members of the Economic and Social
Committee shall be equal to

[...] to be decided

The number of members from each Member State shall be as
follows:

[...] to be decided

The number of members of the Economic and Social Committee shall
be as follows:
Belgium
Denmark
Germany
Greece
Spain
France
Ireland
Italy
Luxembourg
Netherlands
Austria
Portugal
Finland
Sweden
United Kingdom

12
9
24
12
21
24
9
24
6
12
12
12
9
12
24.

The members of the Committee shall be appointed by the Council,
acting unanimously, for four years. Their appointments shall be
renewable.

The members of the Committee shall be appointed by the Council,
acting by qualified majority, for five years. Their appointments shall
be renewable.

The members of the Committee may not be bound by any mandatory
instructions. They shall be completely independent in the performance
of their duties, in the general interest of the Community.

The members of the Committee may not be bound by any mandatory
instructions. They shall be completely independent in the performance
of their duties, in the general interest of the Community.

The Council, acting by a qualified majority, shall determine the
allowances of members of the Committee.

Article 259 (ex-article 195)

Article 259

1.
For the appointment of the members of the Committee, each
Member State shall provide the Council with a list containing twice as
many candidates as there are seats allotted to its nationals.

1.
For the appointment of the members of the Committee, each
Member State shall provide the Council with a list containing twice as
many candidates as there are seats allotted to its nationals.

The composition of the Committee shall take account of the need to
ensure adequate representation of the various categories of economic
and social activity.

The composition of the Committee must take account of the need to
ensure adequate representation of the various economic and social
components within organised civil society and geographical
balance.

2.
The Council shall consult the Commission. It may obtain the
opinion of European bodies which are representative of the various
economic and social sectors to which the activities of the Community
are of concern.

2.
The Council shall consult the Commission. It may obtain the
opinion of European bodies which are representative of the various
economic and social sectors to which the activities of the Community
are of concern.

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Current text of EC Treaty

Article 260 (ex-article 196)

ESC proposals

Article 260

The Committee shall elect its chairman and officers from among its
members for a term of two years.

The Committee shall elect its chairman and officers from among its
members for a term of two and a half years.

It shall adopt its Rules of Procedure.

It shall adopt its Rules of Procedure.

The Committee shall be convened by its chairman at the request of
the Council or of the Commission. It may also meet on its own
initiative.

The Committee shall be convened by its chairman.

Article 261 (ex-article 197)

Article 261

The Committee shall include specialised sections for the principal
fields covered by this Treaty.

The Committee shall include specialised sections for the principal
fields covered by this Treaty.

These specialised sections shall operate within the general terms of
reference of the Committee. They may not be consulted independently
of the Committee.

Subcommittees may also be established within the Committee to
prepare on specific questions or in specific fields, draft opinions to be
submitted to the Committee for its consideration.

The Rules of Procedure shall lay down the methods of composition
and the terms of reference of the specialised sections and of the
subcommittees.

The Committee shall determine its own working procedures.

It shall lay down procedures for obtaining the views of the
various economic and social components representing organised
civil society at European level when drawing up its opinions.

Article 262 (ex-article 198)

Article 262

The Committee must be consulted by the Council or by the Com-
mission where this Treaty so provides. The Committee may be
consulted by these institutions in all cases in which they consider it
appropriate. It may issue an opinion on its own initiative in cases in
which it considers such action appropriate.

The Council or the Commission shall, if it considers it necessary, set
the Committee, for the submission of its opinion, a time-limit which
may not be less than one month from the date on which the chairman
receives notification to this effect. Upon expiry of the time-limit, the
absence of an opinion shall not prevent further action.

The Committee must be consulted by the Council or by the Com-
mission where this Treaty so provides.

The Committee shall issue an opinion on a Commission legislat-
ive proposal or any other question if it considers it appropriate.
The Committee may also be consulted by the European Parlia-
ment, the Council and the Commission.

The European Parliament, the Council or the Commission shall, if it
considers it necessary, set the Committee, for the submission of its
opinion, a time-limit which may not be less than one month from the
date on which the chairman receives notification to this effect. Upon
expiry of the time-limit, the absence of an opinion shall not prevent
further action.

The opinion of the Committee and that of the specialised section,
together with a record of the proceedings, shall be forwarded to the
Council and to the Commission.

the
The opinion of
proceedings shall be forwarded to the European Parliament, the
Council and to the Commission.

the Committee together with a record of

The Committee may be consulted by the European Parliament.

The institutions shall inform the Committee of their response to
the opinion requested.

Brussels, 1 March 2000.

The President

of the Economic and Social Committee

Beatrice RANGONI MACHIAVELLI

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APPENDIX

to the Opinion of the Economic and Social Committee

The following draft amendment, which received at least a quarter of the votes cast, was rejected in the course of the
discussions:

Amendment tabled by Mr Malosse, Mrs Pari, Mr Rodrı´guez Garcı´a Caro and Mr Vever.

Point 2, second paragraph

Amend to read as follows:

‘The ESC currently consists of 222 members drawn from organisations representing employers, employees, farmers,
carriers, SMEs, craft industries, the professions, co-operatives, consumers, environmental interests, the voluntary
sector, families and young people. The proportion of representatives from each domain varies from country to
country. Many members also carry out activities and have responsibilities in representative European organisations
recognised by the EU institutions. The Committee is, therefore, a non-political assembly which encompasses a broad
swathe of experience and high-level, well-respected expertise.’

Result of the vote

For: 47, against: 100, abstentions: 12.