Opinion of the Committee of the Regions on "Supporting the development of institutional structures at local and regional level in the applicant countries"
Date: 2001-11-14
Institutions: Committee on Constitutional Affairs, European Committee of the Regions
Subjects: accession to the European Union, development aid, institutional structure, local authority, regional authority

C 107/32

EN

Official Journal of the European Communities

3.5.2002

Opinion of the Committee of the Regions on ‘Supporting the development of institutional
structures at local and regional level in the applicant countries’

(2002/C 107/12)

THE COMMITTEE OF THE REGIONS,

having regard to the resolution tabled by its political groups on the ‘Annual statement on the Priorities of
the Committee of the Regions’ (CdR 45/2001 fin) (1);

having regard to its experts’ final report on ‘A Europe of Regions and Cities: Strategies and prospects for
EU enlargement’ (CdR 268/2000 fin);

having regard to its resolution on the ongoing EU enlargement process (CdR 424/1999 fin) (2);

having regard to its experts’ report on ‘Preparing for EU enlargement — Devolution in the first wave
candidate countries’ (CdR 391/1999 fin);

having regard to its opinion on ‘Institutional aspects of enlargement — Local and regional government at
the heart of Europe’ (CdR 52/1999 fin) (3);

having regard to its opinion on ‘Implementation of EU law by the regions and local authorities’, (CdR
51/1999 fin) (4);

having regard to its opinion on ‘Eurotraining for Local and Regional Authorities in Europe’ (CdR 404/98
fin) (5);

having regard to the European Commission’s strategy paper on enlargement — Report on applicant
countries’ progress towards enlargement, November 2000;

having regard to its Bureau’s decision on 12 June 2001 to draw up, under the fifth paragraph of
Article 265 of the Treaty establishing the European Community, an opinion on this subject, and to
instruct the Commission for Institutional Affairs to carry out the preparatory work;

having regard to the Draft Opinion on ‘Supporting the development of institutional structures at local
and regional level in the applicant countries’ (CdR 102/2001 rev. 2), adopted unanimously by the
Commission for Institutional Affairs on 5 October 2001 (rapporteur: Roger Kaliff, Leader of Kalmar City
Council, [S-PES)],

unanimously adopted the following opinion at its 41st plenary session on 14 and 15 November 2001
(meeting of 14 November).

The Committee of the Regions’ views and recommen-
dations

not enough merely to make limited changes to the EU’s
operational arrangements.

1. General Comments

1.1.
EU enlargement represents an historic challenge. With
27 Member States and a population of almost 500 million, the
conditions for EU cooperation will be drastically different from
those currently prevailing. Consequently, the need for reform
of the EU’s institutional frameworks, organisation and cooper-
ation arrangements is all too evident. In the view of the
Committee of the Regions, from a long-term perspective, it is

1.2.
The Committee of the Regions therefore looks forward
to a thorough debate on the EU — the nature of cooperation
and its role vis-à-vis the Member States and EU priorities. It is
the responsibility of the Member State governments to ensure
that
the 2004 Intergovernmental Conference really does
provide the right conditions for maintaining the EU’s ability to
act in the light of the forthcoming enlargement and enables
the EU to work in the interest of its citizens.

(1) OJ C 148, 18.5.2001, p. 29.
(2) OJ C 57, 29.2.2000, p. 1.
(3) OJ C 374, 23.12.1999, p. 15.
(4) OJ C 374, 23.12.1999, p. 25.
(5) OJ C 198, 14.7.1999, p. 68.

1.3.
The Committee of the Regions observes that ongoing
negotiations indicate that relatively rapid progress can be made
with several applicant countries. The resolution adopted at the
Gothenburg Summit states that major breakthroughs have
been achieved in the negotiations and that it has been possible
both to meet and exceed the expectations and goals set at Nice.

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1.4.
The Committee notes with satisfaction the Gothenburg
declaration’s clear indication that the EU, under the Belgian
and subsequently the Spanish Presidencies, will follow the set
schedule for the enlargement process with undiminished
energy. It would also point out that the applicant countries’
accession depends on their fulfilment of the Copenhagen
criteria.

1.5.
The Committee observes that certain chapters of the
negotiations are considered to be particularly challenging by
one or both parties. For example, it is a political fact that
transitional arrangements will be needed to address border
problems between the Member States and the applicant
countries, in areas such as the free movement of labour and
the shape EU agricultural policy, and its policies for cohesion
and regional development, should take.

The Committee of the Regions feels that the Union
1.6.
and its members have a basic duty to show a large measure of
solidarity and understanding as the extensive economic and
social problems in the applicant countries must be tackled as
soon as possible with more emphasis on results. The Com-
mittee notes that reticence towards EU membership is increas-
ing throughout the population in several applicant countries.
The risk is that negotiation agreements which these countries
see as negative and perhaps discriminatory will have a
detrimental impact on their opinion of the EU.

It

is of course also important

1.7.
to understand the
particular conditions which will result from the EU’s new
external borders following enlargement. Here the Committee
welcomes the EU’s ambitions as regards the general stepping
up of relations with Russia, particularly within the framework
of the Northern Dimension and Cooperation on Kaliningrad.

their mandate from directly elected political assemblies. The
ongoing negotiations place far too little emphasis on this fact.

2.3.
The Committee observes that there are, of course,
significant differences between the Member States in terms of
the role and status of the municipalities and regions both on
the national front and with regard to participation in EU
activities. What they do have in common, however, is the
fact that all Member States have established forms of self-
government at these levels. It is also significant how member-
ship is influencing structures in the direction of increasingly
close involvement of elected political assemblies, both locally
and regionally. It is important to draw the attention of the
governments and parliaments of applicant countries to the
need for strong local and regional government as a major
factor in successful EU membership.

2.4.
A decisive argument for a European Union drive to
encourage active participation of municipalities and regions in
EU work is, of course, the very nature of the political mandate,
whether it be at national, regional or local
level, since it
requires the authorities to be responsible for providing holistic
solutions in the best
interests of citizens. Representative
democracy is therefore also an indispensable asset to EU-
cooperation — at all levels — thereby facilitating the necessary
practical implementation, so that EU resources can be expected
to have an impact on the ground. It also creates the right
climate for a dialogue with citizens, and builds support for the
EU project.

2.5.
In other words, the municipalities and regions are an
essential part of the EU machinery, both as a means of
implementing and adapting EU policies and instruments, and
of convincing the public of the legitimacy of the EU and its
initiatives.

2.

Influence of the municipalities and regions

2.1.
The conditions for successful EU membership for the
applicant countries will largely be established already at the
negotiation stage. This involves a consensus of opinion as to
how to achieve the conditions which will enable an applicant
country to implement EU legislation and programmes effec-
tively in the various areas as well as directly negotiated
solutions to single issues. In both respects the municipalities
and regions of both the EU and the applicant countries will be
heavily affected.

2.6.
A key starting point for the Committee of the Regions
with regard to how the Union can effectively carry out its
policies and create legitimacy for its action at grassroots level,
is to organise and carry out work in line with the dictates of
the subsidiary principle. Scope must be allowed for a large
measure of local and regional adjustment to EU funds and
programmes. In stepping up public dialogue on EU issues,
account must also be taken of local and regional political
discussions. This is particularly important since reticence
surrounding EU membership could spread in the applicant
countries.

2.2.
There is no doubt that implementation of EU policy is
largely a matter of how local and regional structures can
incorporate and work in accordance with the EU regulatory
system. The Committee notes that it is also a well-established
fact that the EU’s work is greatly enhanced by efficient and
largely autonomous municipalities and regions, which derive

2.7.
The Committee of the Regions feels that the interac-
tions and starting points indicated above must have more
impact on EU cooperation in general. They must therefore be
given a far higher profile in the ongoing negotiations with the
applicant countries and on the support these countries are
given in preparing for EU membership.

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3. The importance of support for the local and regional

4. Weak finances

structures in the applicant countries

The Committee notes that all countries which are
3.1.
currently negotiating membership with the EU fulfil
the
Copenhagen criteria on full democracy. In order to develop
and deepen democratic systems in these countries, it can be
very useful
to exchange experiences on various practical
aspects of the democratic system’s role and function. Such
exchange of experience at local and regional level is therefore
of considerable importance.

The Committee has observed that politicians and
3.2.
officials of municipalities and regions in applicant countries
are keenly interested, in transnational and other projects, in
taking on board experiences and views regarding democracy
and local and regional self-government.

The Committee of the Regions, as a political assembly
3.3.
with established status in the EU and extensive grassroots
support in all Member States, is in an unparalleled position to
help ensure that municipalities and regions in the applicant
countries are given an opportunity to prepare properly for
future EU membership. The liaison group’s activities have
clearly demonstrated how important it is that the Committee
continues to play a constructive and supportive role (on the
basis of its mandate) vis-à-vis the municipalities and regions of
the applicant countries. So that municipalities and regions in
the applicant countries can be suitably prepared for their
future role in the EU’s institutional machinery, the CoR should
send out standing invitations to the applicant countries to
enable them to cooperate on an ongoing basis straightaway.

3.4.
In the light of the need for more specific adjustment
and support, the Committee should treat enlargement as one
of its political priorities. All CoR opinions should take account
of enlargement aspects as far as possible. The CoR Bureau
should clearly assume overall responsibility for strategic con-
tacts.

3.5.
The Committee’s methodology on enlargement issues
should, in addition to established channels of contact with EU
institutions, be to focus both on more specific initiatives to
integrate the applicant countries more effectively into the EU
institutions’ day-to-day work and on supporting local and
regional self-government in these countries by organising
conferences and other platforms for dialogue, to build system-
atic contacts at EU level, and with national representatives and
municipal and regional politicians. The aim should be to spell
out the significance of local and regional self-government for
EU enlargement and cohesion. One ambition, amongst others,
should be for each forthcoming EU presidency to address this
issue through special initiatives.

4.1.
The Committee of the Regions notes that the substan-
tial financial problems the applicant country municipalities
and regions are faced with — must be seen as a major issue
in the continued development of local and regional self-
government in the applicant countries.

4.2.
A breakthrough is needed here to provide all applicant
country municipalities and regions with fair economic oppor-
tunities to build an efficient institutional administration for a
practical welfare policy. This should be seen as a priority issue
for the EU, in view of the need for effective implementation of
the Community acquis and the different policy area ambitions
which follow on from EU membership.

4.3.
There are already examples of the Phare programme
leading to twinning schemes in which Europe’s municipalities
and regions have worked successfully together on key issues
such as administrative reform, application of the Community
acquis, and management of the Structural Funds. The Com-
mittee of the Regions should, however, immediately launch
discussions with the Commission on ways of
improving
incentives and opportunities for the applicant countries’
governments to use Phare funds to strengthen the administrat-
ive/management structures of local and regional government.

The Committee of

4.4.
the Regions should also take
initiatives as soon as possible to enable national bodies for
municipalities and regions in the applicant countries and
European level cooperation organisations for local and regional
authorities such as CEMR, AER, and CPMR to be involved in a
systematic drive to help the applicant countries develop the
skills needed to create efficient management and adminis-
tration. Contacts with the Commission should clarify the need
for specific financial resources to involve these parties to a
greater extent.

The Committee of the Regions should contact all
4.5.
applicant country governments, in order to make the case for
pressing ahead at national level with the devolution of powers
to the municipalities and regions, and for prioritising pre-
accession support for this purpose. In addition the importance
of tax raising powers should be stressed as a fundamental pillar
of effective local and regional government.

4.6.
The Committee of the Regions should also launch
discussions with the European Investment Bank and other
European financial institutions (EFI) on increased investment
in the development of local and regional infrastructure in the
applicant countries,
investment and in
including physical
welfare initiatives in education, healthcare, etc.

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5. The conditions for effective EU efforts

The Committee of the Regions has on numerous
5.1.
occasions put forward and developed the democratic, societal
and economic arguments for political independence at both
local and regional level. There is a general need for regions to
act as an arena for important aspects of welfare and develop-
ment policy, and this has been increasingly highlighted as
internationalisation has gained ground and the European
Union has developed. In all the applicant countries except for
the smallest, an effective regional policy and administration
in implementing the Community
will be very important
acquis, and in enabling those countries to benefit
from
forthcoming EU membership.

The Committee of the Regions should make clear its
5.2.
view to applicant country governments, local and regional
representatives and the Commission that local and regional
involvement in EU efforts must be directly linked to elected
politicians at those levels.

5.3.
The Committee of the Regions should, together with
local and regional representatives of the country concerned,
launch discussions with applicant country governments into
the pros and cons of forms of dialogue between the national
level and local and regional self-government during the
ongoing negotiations. The dialogue should give way to a
regular consultation process after the country has joined the
EU.

5.4.
Transnational cooperation between municipalities and
regions in the Member States and the applicant countries is
sometimes currently conducted in order to transfer experience
and information about those EU requirements and rules which
might impact on municipalities and regions. EU, bilateral and
also private funds are used in this context.

The Committee of the Regions should launch dis-
5.5.
cussions with the Commission into the case for large-scale,
local and regional cooperation initiatives between municipaliti-
es and regions in the applicant countries and the existing
Member States. The CoR should endeavour to involve the
CEMR, AER, and CPMR etc., in this broad drive.

Brussels, 14 November 2001.

5.6.
The Committee of the Regions should take steps to
boost cooperation with the Council of Europe’s Congress of
Local and Regional Authorities of Europe (CLRAE). The aim
should be, inter alia, to adopt a common line of action towards
national governments in support of further local and regional
autonomy in the applicant countries, and to foster a climate
conducive to transnational cooperation between the munici-
palities and regions in those countries.

5.7.
In its contacts with the Commission, the Committee of
the Regions should specifically highlight the need to ensure
Interreg III and the Phare programme make better provision
for relatively small and medium-sized projects of between
EUR 50 000-250 000. Experience has shown that municipalit-
ies and regions prefer projects of this type where exchanges of
experience and know-how are concerned. Very good results
have been achieved by such projects which focus on various
forms of personal contact and small-scale investment
in
initiatives such as institution strengthening/building.

6.

Joint committees

6.1.
The Committee of the Regions sees joint committees
with the applicant countries as an important opportunity
to provide an effective introduction to the demands and
requirements arising from EU membership, and not least an
opportunity for direct dialogue with Association Council
governments.

The Committee of the Regions should strive to ensure
6.2.
continuous contact with the applicant countries’ municipalities
and regions. It is convinced that the joint committees will
provide a good basis for strengthening contacts.

The Committee of

in conjunction with the representatives of

the Regions should pay close
6.3.
attention,
the
municipalities and regions in the countries concerned, to
determining as soon as possible the priorities for the respective
joint committees’ work.

6.4.
It is the Committee of the Regions’ responsibility to
ensure that the joint committees function effectively. Close
attention should be paid to the composition and organisation
of the committees, and to the need for secretarial support.

The President

of the Committee of the Regions

Jos CHABERT