Opinion of the Committee of the Regions on "The outermost regions of the EU and implementation of Article 299"
Date: 2000-12-13
Institutions: European Committee of the Regions
Subjects: Structural Funds, action programme, application of EU law, cooperation policy, peripheral region

16.5.2001

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Official Journal of the European Communities

C 144/11

Opinion of the Committee of the Regions on ‘The outermost regions of the EU and implemen-
tation of Article 299’

(2001/C 144/04)

THE COMMITTEE OF THE REGIONS,

having regard to the decision taken by its Bureau on 13 June 2000, under the fifth paragraph of
Article 265 of the EC Treaty, to issue an opinion on the outermost regions of the European Union and to
instruct Commission 1 — Regional Policy, Structural Funds, Economic and Social Cohesion and Cross-
border and Inter-regional Cooperation — to prepare the opinion on this matter;

having regard to its opinion (CdR 23/98 fin) (1) on the future of peripheral areas in the European Union,
which noted in point 1.2 that: ‘Despite a number of obvious similarities, the distinctive features of the
most remote regions have lead to their specific situation being dealt with under Article 299(2) of the
Amsterdam Treaty, which is not the subject of this opinion. The COR reserves the right to deliver an
opinion at a later date on this matter’;

having regard to the European Parliament reports on the development problems of the outermost regions
of the European Union (A4-0128/97 of 11 April 1997), relations between the overseas countries and
territories, the ACP and the outermost regions of the European Union (A4-0036/99 of 26 January 1999)
and the measures to implement Article 299(2): the outermost regions of the European Union (A5-
0285/2000 of 25 October 2000);

having regard to the Memorandum drawn up by the Outermost Regions at their meeting in Cayenne on
5 March 1999;

having regard to the Memorandum from the Spanish Government on The Canary Islands: implementing
conditions and procedures in respect of Article 299(2) of the EC Treaty, dated 7 November 1999;

having regard to the Memorandum from the Portuguese Government on The outermost regions of the
Azores and Madeira (November 1999);

having regard to the Memorandum from the French Government entitled ‘The overseas regions and
Europe: Memorandum issued by France on the Implementation of Article 299(2) of the Treaty of
Amsterdam’ (10 December 1999);

having regard to the Final Declaration issued by the Outermost Regions at their meeting in Funchal on
31 March 2000;

having regard to the Report from the European Commission on The measures to implement Article 299(2)
of the Treaty of Amsterdam in respect of the outermost regions of the European Union (COM(2000) 147
final, dated 14 March 2000);

having regard to the presidency conclusions of the Lisbon European Council, which took note of the
abovementioned report, the presidency conclusions of the Santa Maria da Feira European Council, which
spelled out the Council’s expectations as regards implementation of Article 299(2) following the
submission of the European Commission’s work programme and the presidency conclusions of the Nice
European Council stipulating that the European Council would take note of the progress made in work
on this subject as a whole at its next meeting in Göteborg;

having regard to the draft opinion (CdR 156/2000 rev. 2) adopted by Commission 1 on 14 September
2000 (rapporteur: Mr Karam, President of the Regional Council of French Guiana, F/PSE);

whereas the outermost regions — the Azores, the Canary Islands, Guadeloupe, French Guiana, Madeira,
Martinique and Réunion — are full members of the European Union, and whereas they reflect the
European dimension (economic, social and cultural) in their regional environment;

(1) OJ C 315, 13.10.1998, p. 15.

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whereas these regions are marked by major structural underdevelopment owing to the many serious
handicaps from which they suffer permanently, and whereas their specific characteristics place these
regions in a unique situation in the European Union;

whereas the unique and original nature of these parts of the EU fully justifies special treatment by the EU
and the need to consider the situation of the outermost regions in EU policies;

whereas support should thus be given to the calls being made by the outermost regions and the national
authorities concerned for the introduction, on the basis of Article 299(2) of the EC Treaty, of a
Community policy for the outermost regions, which will enable these regions to catch up with the rest of
the EU in socio-economic terms and to exploit the advantages which they offer in providing an interface
with new areas of regional economic cooperation,

adopted the following opinion, by a unanimous vote, at its 36th plenary session, held on 13 and
14 December 2000 (meeting of 13 December).

The Committee of the Regions

1.
welcomes the fact that the European Commission, with
the support of the European Parliament, started to give thought
back in 1986 to the introduction of an appropriate framework
for applying EU law and policies to these regions;

endorses the approach adopted by the European Com-
2.
mission, which recognised that the situation of the outermost
regions was not comparable to that of other regions of the EU
and, despite the various national and EU legal bases involved (1),
proposed a common framework for assisting the seven
outermost regions. These proposals took the form of global
action programmes — the so-called ‘programmes of options
specific to the remote and insular nature’ of the regions
involved — which made adjustments to Community law and
policies to take account of the specific characteristics of the
outermost regions (2);

(1) Article 227(2) of the Treaty of Rome of 1957 recognised that the
special situation of the French overseas departments vis-à-vis
France placed them in a special situation within the European
Economic Community (EEC). In the same way a special Protocol
on the Canary Islands and a specific Declaration on the Azores
and Madeira, which were included in the Acts of Accession of
Spain and Portugal to the EC in 1986, recognised the specific
nature of these regions under EU law.

(2) The programme of specific options relating to the French overseas
departments (Poseidom) was adopted under Council Decision
89/687/EEC of 22 December 1989; the equivalent programme in
respect of
the Azores and Madeira (Poseima) was adopted
under Council Decision 91/314/EEC of 26 June 1991; and the
programme of specific options in respect of the Canary Islands
(Poseican) was adopted under Council Decision 91/315/EEC of
26 June 1991.

notes that the above programmes, based on the two
3.
principles that the outermost regions form part of the Euro-
pean Community and that their special regional situation must
be recognised, provide for the differentiated application of the
common framework according to the needs of each of the
outermost regions, through appropriate application of the
principle of equal treatment, without jeopardising the coher-
ence and unity of Community law or the single market;

recognises that the programmes implemented by the
4.
European Commission in respect of the outermost regions
have had a positive impact on the sectors concerned (agri-
culture, fisheries, energy, the environment, craft industries and
the import-substitution sector). In the case of the agriculture
and fisheries sectors, these programmes have brought about a
relative reduction in production costs and an improvement in
both the quality and quantity of
local production. The
programmes have also promoted diversification of energy
resources, inter alia by boosting the use of renewable sources.
Customs measures and the retention of the indirect fiscal
measures peculiar to each of these regions (3) have, to a certain
extent, offset the socio-economic disadvantages deriving from
the remoteness of these regions whilst preserving autonomous
sources of revenue for the local authorities;

(3) Reduced rates of VAT are applied in these regions. They also
apply specific indirect taxes, such as the Canary Islands general
indirect tax, the special island tax and the production and import
tax levied in the Canary Islands and the dock dues levied in the
French overseas departments. Spain and France are authorised to
exempt the Canary Islands and the French overseas departments
from the general provisions in respect of products liable to excise
duty. In the case of Madeira and the Azores, reduced levels of
excise duties are applied.

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5.
highlights the fact that application of the Structural
Funds in the outermost regions has proved a success in that it
has enabled commercial infrastructure, particularly ports and
airports, to be brought up to standard. In pursuance of the
policy of promoting economic and social cohesion,
the
outermost regions received in the 1989-1993 and 1994-
1999 programming periods Structural Fund support totalling
EUR 7,2 billion for a population of 3,5 million — a figure
which represents 2,5 % of the sum allocated to the EU regions
as a whole;

— to take account of the specific geographical environment
of
the outermost regions in trade and cooperation
policies, as well as in agreements with the ACP countries;

10.
stresses that, against the background of new challenges
involved in the construction of Europe and the organisation of
world trade, the above objectives need to be reiterated and
taken into account when Article 299(2) is implemented;

believes, however, that,

6.
in the case of measures to
bolster economic development in the outermost regions, the
Structural Funds have had less impact. Six of the outermost
regions are still amongst the ten poorest regions in the EU,
and levels of underemployment are amongst the highest in the
EU in these regions, which frequently have young populations;

11.
expresses its satisfaction at the adoption of the Euro-
pean Commission’s report on the measures to implement
Article 299(2) of the Amsterdam Treaty; this represents a
‘quantum leap’ in the Community’s approach to the outermost
regions;

7.
points to the failure to adequately address several
issues, such as the interplay of Community policies in the
geographical areas of the outermost regions (Structural Funds
and interventions by the European Development Fund in the
ACP; Pilot Programme to Conserve the Brazilian Rain Forest
— PPG7) and the adaptation of competition policy to the
economies of the outermost regions;

considers that this net result — positive in overall terms
8.
but limited in some areas — has justified,
in the light of
the important changes which have taken place at EU and
international levels, the inclusion in the Treaty of a specific
Article 299(2) designed to take account of the most isolated of
all the EU’s regions;

9.
points out that the new Article 299(2) in the Amsterdam
Treaty meets the objectives which were clearly pinpointed
throughout the negotiations, namely,

12.
considers that this report represents the beginning of a
decisive new stage on the road towards a coherent global
strategy for the sustainable development of the outermost
regions;

notes the convergence between the principles set out in
13.
the European Commission’s report and the proposals put
forward by the outermost regions in the Cayenne Memor-
andum of 5 March 1999, particularly as regards the definition
and interlinking of development priorities for these territories
and the recognition of their key role in providing a dynamic
frontier between the EU and a number of strategic geographical
and economic areas;

14.
also notes that the policy guidelines set out in the
report represent positive progress in a number of areas, such
as the beneficial changes to the EU provisions governing
operational aid, the account to be taken of areas’ remoteness
and isolation in the development of the information society,
the submission of appropriate proposals in the fields of
transport and energy, long-term maintenance of permanent
regional policy objectives and the fact that the vital aid granted
to these regions is to be put on a permanent footing;

— to underscore the unique nature of the outermost regions
and to take account of this concept in all EU policies, in
particular, by maintaining the priority aid granted under
the structural policy to promote economic and social
cohesion;

15.
observes, however, that the Commission’s report fails
to provide all of the responses sought by the outermost regions
for translating the new legal basis into a strategy for action;

— to adapt the common policies to the situation obtaining
in the regions by implementing special measures, and to
lay down special provisions for implementing the Treaty
in cases where such provisions are shown to be necessary
for the development of the outermost regions;

16.
notes the agreement over the need for closer partner-
ship and thinks that this is absolutely vital if the Commission
is to draw up more in-depth proposals and if the EU regulatory
framework is to be adapted for the benefit of the outermost
regions;

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17.
congratulates the European Commission, in this con-
text, on having organised the First Partnership with the
Outermost Regions Day on 23 November 1999, and endorses
the proposal put forward by the presidents of the regional
executives in the outermost regions that the second Partnership
Day be held as early as the first quarter of 2001 to take stock
of the initial measures adopted under Article 299(2) and to
enable the Commission to take account of the observations
made by the regional executive presidents and their proposed
amendments so as to ensure that optimum progress is made
when this matter is considered by the Göteborg European
Council;

Recommendations

22.
encourages the European Commission to submit timely
proposals for implementing Article 299(2), as it has been
called upon to do by the European Council. To this end, it
endorses the action taken by the presidents of the regional
executives of the outermost regions and their Conference with
a view to ensuring that the Commission’s work programme is
implemented in accordance with the principles of partnership
and good governance;

supports the formulation of an overall, sustainable
18.
policy for the outermost regions designed to a) step up support
for the productive sector and the development of enterprises
and services and b) bring the outermost regions up to standard
in current and future strategic sectors such as the information
society, the environment, research and new technologies;

urges the European Commission to take into account
23.
the requests made by these regions and to flesh out the EU
policies concerned; it is essential to pay maximum attention to
the effective measures to be put forward as part of the overall
strategy advocated for the outermost regions;

19.
shares the European Commission’s view that under the
new Article 299(2) it will be possible to establish specific
arrangements which take account of all the burdens which are
imposed on the outermost regions because of their remote
location;

points out that the adoption of measures to preserve
24.
the existing framework represents both a very strong obli-
gation and a priority and asks the Commission to undertake
to make up for the delays which have already occurred in this
area, since they are highly prejudicial to attaining the objectives
set;

20.
considers that this new legal basis should provide a key
policy tool for facilitating the introduction of Community
action which is better targeted, more flexible and more
effective in dealing with the current challenges posed by the
construction of Europe and globalisation;

21.
thanks the European Council for having always taken
into account and supported the EU’s outermost regions and
for having drawn attention, at its meetings in Santa Maria da
to the urgent need to implement
Feira and in Nice,
Article 299(2) of the EC Treaty (1);

(1) Conclusions of the European Council held in Santa Maria da Feira
on 19 and 20 June 2000: ‘The European Council took note of the
Commission’s work programme for carrying out the measures to
implement Article 299(2) of the Treaty on the outermost regions.
It calls upon the Commission to study the information provided
or to be provided by the Member States with a view to taking the
measures falling within its sphere of competence, and to submit
the appropriate proposals, which must be adopted at the earliest
opportunity, to the Council as quickly as possible. The European
Council will examine progress achieved at its meeting in Nice in
December 2000.’ (point 53 of the Conclusions).

also urges that special attention be paid to the new
25.
partnership agreement between the EU and the ACP states,
signed at Cotonou on 23 June 2000, in order to ensure that
the economic development of the outermost regions is not
adversely affected by this agreement and that these regions,
which form part of the EU’s frontier with the ACP states, can
play an active role in international cooperation and supports
the request made by the outermost regions to be involved in
the assessment of the impact of these agreements on their
regions;

suggests that the Commission draw up an annual work
26.
programme, accompanied by an outline timetable, and that
the outermost regions be consulted on these documents at the
partnership days; the priority areas of action must be discussed,
particularly in view of the interaction between such areas and
the common policies currently being formulated;

suggests that instruments be established for carrying
27.
out an ongoing assessment of the impact of new EU provisions
on the outermost regions with a view to ensuring that such
provisions not only do not
jeopardise the expansion of
economic activities in these regions but also further their real
and sustainable development,
inter alia, by exploiting the
comparative advantages of their staple products;

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if

that

thinks

28.
the strategic objectives are to be
accomplished, effective coordination is necessary, particularly
via the interdepartmental working party at the Commission,
whose permanent resources within the secretariat general need
to be strengthened;

advocates the introduction, by both EU and regional
29.
institutions, of a communication strategy for informing public

Brussels, 13 December 2000.

opinion in the EU of the issues affecting the outermost regions
and of the special EU dimension represented by these —
hitherto little known — regions;

30.
encourages the outermost regions to continue to coop-
erate in all possible areas, and urges the Commission to
support them in this venture in order to meet the challenges
posed by their development within the EU and the challenges
of globalisation.

The President

of the Committee of the Regions

Jos CHABERT

Opinion of the Committee of the Regions on the ‘Proposal for a Directive of the European
Parliament and of the Council amending Council Directive 96/53/EC laying down for certain road
vehicles circulating within the Community the maximum authorised dimensions in national and
international traffic and the maximum authorised weights in international traffic’

(2001/C 144/05)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a Directive of the European Parliament and of the Council amending
Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the
maximum authorised dimensions in national and international traffic and the maximum authorised
weights in international traffic (COM(2000) 137 final — 2000/0060 (COD);

having regard to the decision of the European Council of 8 May 2000 to consult the Committee, in
accordance with Article 265.1 and Article 71 of the Treaty establishing the European Community;

having regard to the decision of the President of the Committee of the Regions on 23 June 2000 to
instruct Commission 3 for Trans-European Networks, Transport and the Information Society to draw up
the opinion;

having regard to the draft opinion adopted by Commission 3 on 8 November 2000 (CdR 259/2000
rev. 1) (rapporteur: Dr Walsh, Member of West Sussex County Council, UK/ELDR),

adopted the following opinion unanimously at its 36th plenary session on 13 and 14 December 2000
(meeting of 13 December 2000).

The Committee of the Regions

directive and requests that Member States be allowed
until 31 December 2015 to implement the Directive;

1.

urges the Commission to have regard to the implications
on local and regional authorities on the impact of the
introduction and enforcement of the proposed amended

2.

points out

that not all

local authorities are able