Opinion of the Committee of the Regions on the White Paper on European governance
Date: 2002-03-13
Institutions: European Committee of the Regions
Subjects: EU institution, EU policy, EU publication, European Union, citizens' Europe, communications policy, decision-making, information policy, institutional reform, operation of the Institutions

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Opinion of the Committee of the Regions on:

— the ‘White Paper on European governance’, and

— the ‘Communication on a new framework for cooperation on activities concerning the

information and communication policy of the European Union’

(2002/C 192/07)

THE COMMITTEE OF THE REGIONS,

having regard to the White Paper of 25 July 2001 on European governance (COM(2001) 428 final);

having regard to the Commission communication of 27 June 2001 on a new framework for cooperation
on activities concerning the information and communication policy of the European Union (COM(2001)
354 final);

having regard to the protocol on arrangements for cooperation between the European Commission and
the Committee of the Regions, signed by their respective presidents on 20 September 2001 (DI CdR 81/
2001 rev.);

having regard to the communication of the President of the European Commission of May 2000 on a
White Paper on Governance — Deepening democracy in the European Union (SEC(2000) 901);

having regard to its opinion of 11 March 1999 on developing a genuine culture of subsidiarity: an appeal
by the Committee of the Regions (CdR 302/98 fin) (1);

having regard to its opinion of 14 December 2000 on new forms of governance: Europe, a framework
for citizens’ initiative (CdR 182/2000 fin) (2);

having regard to its report of 20 September 2001 on proximity (CdR 436/2000 fin) and the Salamanca
declaration of 22 June 2001 (CdR 107/2001 fin);

having regard to the European Parliament’s resolution on the Commission’s White Paper on European
governance (A5-0399/2001);

having regard to the European Parliament’s resolution of 13 March 2002 on the Commission
Communication on a new framework for cooperation on activities concerning the information and
communication policy of the European Union (C5-0465);

having regard to the Commission’s decision of 29 June 2001 to consult it, under the first paragraph of
Article 265 of the Treaty establishing the European Community, on the communication on a new
framework for cooperation on activities concerning the information and communication policy of the
European Union;

having regard to its Bureau’s decision of 12 June 2001 to draw up an opinion on this subject and on the
White Paper on European governance and to entrust the Commission for Institutional Affairs with the
preparatory work;

having regard to the draft opinion adopted on 13 December 2001 by the Commission for Institutional
Affairs (rapporteur: Mr Delebarre (F-PES), Mayor of Dunkirk) (CdR 103/2001 rev. 2);

whereas it seems clear that the traditional models of governance no longer cater for the complex reality
of society today; and whereas political credibility and legitimacy are in deep crisis everywhere;

whereas the debate on the new forms of governance must bring together the EU Member States and
applicant states;

whereas due regard should be had to the contributions of various organisations such as AER, CEMR,
CPMR and Eurada and the results of the various seminars that the Committee of the Regions has itself
organised,

adopted the following opinion at its 43rd plenary session, held on 13-14 March 2002 (meeting of
13 March).

(1) OJ C 198, 14.7.1999, p. 68.
(2) OJ C 144, 16.5.2001, p. 1.

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VIEWS AND RECOMMENDATIONS OF THE COMMITTEE OF
THE REGIONS

policies by stimulating interactivity ‘between the different
geographical levels of responsibility’,

1. General comments on the White Paper’s proposals

and the working groups’ reports

1.7.
has noted with great interest the numerous points in
the European Commission White Paper which can have a
strong impact on European territorial dynamism and people’s
daily lives (1),

The Committee of the Regions

that

points out

1.1.
it has followed up the European
Commission’s initiative and contributed to the debate by
organising a series of seminars and conferences on various
aspects of governance in Europe, thereby enabling representa-
tives of civil society, the media, international businesses, the
social partners, the political parties and national and European
political bodies to express their views on this subject alongside
local and regional authorities,

would also refer to its opinion on New forms of
1.2.
governance: Europe, a framework for citizens’ initiative, in
which it underlined the need for take all aspects of governance
into account and called for the debate to consider the question
of political culture, which goes beyond mere institutional
reform,

notes the progress made in that direction for more
1.3.
than a year now, and considers that, in terms of its principles,
the European Commission White Paper provides an acceptable
and largely open-ended basis for a renewed dialogue,

welcomes the European Commission proposal

1.4.
to
improve its system of relations with all its partners — the
European institutions, the Member States, regional and local
authorities and ‘civil society’ — by calling on them to show a
firm ‘political will’ to move forward while respecting each
other’s remits and distinctive features,

1.5.
welcomes the European Commission’s wish to place
all the proposed changes in the context of a ‘new pact’ between
the European Union and the citizens of its constituent states
by holding between now and 31 March 2002 a wide-ranging
public debate, which will form the second stage on the road to
a new ‘European governance’ and lead up to the amendment
of the EU Treaty at the next Intergovernmental Conference,
the aim being to close the gap between Europe and its citizens
and to encourage public debate of the EU’s values, concerns
and decisions,

1.6.
wishes to participate actively in the preparation and
monitoring of the implementation of Community rules or

welcomes

the European Commission’s pledge to
1.8.
strengthen the involvement of local and regional players in the
decision-making process:

— by giving them a more active role in communicating with

the general public on European issues,

— by establishing a systematic dialogue at an early stage in

the framing of policies,

— by making Community policies more flexible,

— by announcing contract-based pilot projects in order that
impact take

legislation and policies with a territorial
better account of distinctive regional and local features,

1.9.
draws attention to the importance of the assessments
the working groups, which —
made in the reports of
while not expressing the official position of the European
Commission — nonetheless present interesting proposals for
implementing the guidelines set out in the White Paper and in
particular the ones concerning:

— participation of

the Regions (for
the Committee of
matters of general interest) and of associations or groups
of regions (for matters of specific interest) in the political
agenda of the EU and in consultations upstream of the
policymaking process by means of a direct dialogue
with the directorates-general and commissioners and/or
discussion platforms,

— general use of partnership as a method of governance for

policies with a territorial impact,

(1) — Opening up the policymaking process so as to get more
people and organisations involved in shaping and delivering
EU policy;

— Enhancing the quality of EU policies and simplifying rules;
— Applying the principles of good governance to the Union’s

global responsibilities;

— Improving cooperation between the institutions and making

EU policies more coherent.

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— mainstreaming of the territorial dimension and sustaina-
ble development in Community policies, by responding
to the initiatives taken by the European Commission but
also by providing it with input in the form of preliminary
reports,

2.2.
is of the view that the Council should meet in public,
that the areas of qualified majority voting should be extended
considerably, and that in any case the European Parliament
should have co-decision rights in all areas where QMV applies,

— organisation of cooperation mechanisms and use of a
contractual framework as the main instrument for defin-
ing objectives and methods,

— development of transnational and interregional cooper-
ation, by devising systems specially suited to each area of
cooperation and by creating a new Community legal
instrument for cross-border cooperation to replace the
national problem-ridden instruments,

1.10.
regrets that the White Paper is lacking in ambition
with regard to the procedures for implementing the principle
set out therein, and trusts that the discussions to be held
in the rapid
between now and March 2002 will result
application of the proposed reforms, without the need to
change the Treaties,

1.11.
calls for a more democratic partnership and better
coordination of tasks and responsibilities between the different
spheres of government, in accordance with the principles of
subsidiarity, proximity and proportionality,

2.3.
is baffled by the idea that in response to the democratic
deficit a second chamber consisting solely of national parlia-
mentarians should be set up,

2.4.
underlines the need to strengthen the role of the
European Parliament in order to make up the democratic
deficit, and considers that the call for proximity could also be
answered by reinforcing the coherence and input of local and
regional bodies at European level, first and foremost via their
representative assembly, the Committee of the Regions,

2.5.
is convinced that a new political culture is necessary
for the governance of such a complex society as Europe in the
21st century and that the emphasis must be placed on the
process as much as the procedures and on the issues as much
as the institutions,

1.12.
stresses that regional and local authorities are already
responsible in practice for the implementation of Community
legislation and numerous common policies,

2.6.
underlines, however, that this requires new definitions
and clear rules for transparency and accountability, applicable
across-the-board to all stakeholders involved in the process,

1.13.
calls on the European Commission to take account of
its proposals’ administrative, financial and territorial conse-
quences for regional and local authorities prior to the adoption
of legislation,

is pleased that the European Commission has pledged
1.14.
to indicate the extent to which it has taken account of
Committee of the Regions’ opinions, by stating, where necess-
ary, why it cannot incorporate these opinions into its pro-
posals.

2. A new political and administrative culture

The Committee of the Regions

welcomes the Commission’s suggestion that it ‘must
2.1.
focus on its ... tasks of policy initiation; execution; guardian of
the Treaty; and international representation of the Community’
and that ‘the European Parliament and all national parliaments
of the Union and the applicant countries should become more
active in stimulating a public debate on the future of Europe
and its policies’,

considers that the balanced participation of women
2.7.
and men and of other under-represented groups in decision-
making is a defining condition of good governance, and this
consideration should be mainstreamed into the implemen-
tation of the White Paper,

approves the Commission’s proposal to increase ‘trans-
2.8.
parency’ by launching a ‘comprehensive programme of simpli-
fication’ for Community legislation using the ‘open method of
coordination’ within the limits of EU powers. However this
method of coordination must not undermine the decision-
making power of Member States or the local and regional
level, nor should it allow the powers of the EU institutions to
creep into areas in which they have no Treaty-based power to
act,

2.9.
thinks that, given the impact of EU legislation at local
and regional level, EU directives should be general in scope
and local and regional authorities should be left to decide on
the practical arrangements for applying EU legislation.

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3. New methods of decision-making in Europe

4. The importance of information and communication

The Committee of the Regions

The Committee of the Regions

3.1.
is pleased that the Commission wants ‘stronger interac-
tion with regional and local governments and civil society’ in
the form of a systematic dialogue,

3.2.
calls for wide-ranging consultation of the representa-
tives of civil society, but thinks that the democratic legitimacy
of representatives elected by direct universal suffrage must not
be confused with the greater involvement of NGOs and other
arrangements for the representation of individual
interests
within society,

trusts that

3.3.
for consultation
the code of conduct
suggested by the European Commission will take account
thereof,

proposes the greater involvement of young people in

3.4.
European projects,

3.5.
notes the need for close transnational cooperation to
‘improve the ways rules are applied and enforced across the
Union’,

wishes to be involved in the development of mechan-
3.6.
isms for consultation ‘upstream’ of decision-making and in the
implementation of ‘co-regulation’ instruments, which could be
‘an effective way of achieving EU objectives’; but stresses
that
the co-regulation method should be used only for
the development of technical standards and for reasons of
democratic supervision, and should on no account extend to
areas in which, in the light of the interests to be considered,
legislation is required,

3.7.
is interested in the Commission proposal to create
‘further autonomous EU regulatory agencies in clearly defined
areas’, but thinks that there are reservations which can be
expressed here about the democratic control and transparency
aspects and that the exceptional nature of the EU’s administrat-
ive powers must be strictly respected,

underlines the crucial importance of access to infor-
4.1.
mation in a society where participation in democratic decision-
making is increasingly a matter of individual choice and where
the nature of collective representation is constantly changing.
Consequently efforts to frame a European transparency prin-
ciple should be speeded up,

welcomes the impetus provided by the Commission
4.2.
and its declared wish for more ‘openness’, to be provided by
an information policy which uses information technologies,
provides a regular flow of on-line information and creates an
extensive on-line data base, as set out in the document entitled
‘a new framework for cooperation on activities concerning the
information and communication policy of
the European
Union’ (1),

4.3.
intends to promote the establishment of e-government,
with a view to modernising administrative systems and
improving access to public services, particularly at local and
regional level. In the CoR’s view, e-government is the best way
not only to step up interaction between the public and
government but also to boost the effectiveness and quality of
the services on offer while also promoting the principles of
proximity, transparency and access to information,

4.4.
underlines the crucial importance, for a vital democ-
racy, of public access to objective, complete and reliable
information, and observes that television, radio and news-
papers and, to an ever increasing extent, the Internet are the
main sources of information on world events,

4.5.
draws attention to the need for EU institutions to
conduct effective media initiatives to publicise as widely and
objectively as possible the issues under consideration and the
decisions taken,

4.6.
thinks that this new information policy must not be
confined to information content and how information is to be
circulated. In order for the European Union to be better
understood and therefore held in higher esteem by the
European public, it must distinguish between technical docu-
ments, which do not directly concern the public, and public
information, which must be more accessible and free of all
technocratic jargon,

3.8.
takes the view that decision-making procedures should
be simplified and that legislation should be reviewed in order
to allow the EU institutions to react more promptly and more
effectively to developments while ensuring that decision-
making is democratic.

(1) COM(2001) 354, 27.6.2001.

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4.7.
calls on regional and local politicians to cooperate with
the Committee of the Regions on improving communication,

5. Participation of

local and regional authorities in

European governance

4.8.
calls on all spheres of government to provide more
programmes to enable people of all ages and all backgrounds
to acquire computer literacy and language skills, since these
are the basic tools necessary for participation in European
democracy and public debate,

The Committee of the Regions

5.1.
reiterates its call for recognition of the principle of local
and regional self-government and hopes that this principle will
be enshrined in the Treaties,

4.9.
encourages all national, regional and local authorities
to ensure that European citizenship and knowledge of the
integration process up to the current enlargement phase are
specifically included in school curricula and teacher-training
programmes,

5.2.
supports the decentralisation in progress in Europe,
and calls on regional and local authorities to pursue a policy
of cooperation and greater solidarity and to learn about their
diversity and development,

stresses the Committee of the Regions’ contribution
4.10.
to the Dialogue on Europe initiative launched by the European
Commission in February 2000 and the recognition given by
the European Commission to the Committee of the Regions’
multiplier potential in The debate on the future of the Union (1)
and its wish for a proper decentralised information system at
grassroots level,

4.11.
would refer to the commitments made in the protocol
on arrangements for cooperation between the European
Commission and the Committee of the Regions regarding the
latter’s role within the framework of the EU’s information and
communication policy and, more especially, points 15 and 16
of
the protocol on the European Commission’s role in
highlighting and publicising the activities of the Committee of
the Regions,

considers that policy coherence and legislative flexi-
5.3.
bility — using appropriate means — are vital for the develop-
ment of legislation and programmes with a strong territorial
impact,

5.4.
supports the steps taken by the European Commission
in that direction subject to a reappraisal of the proposals once
they have been fleshed out,

5.5.
would like to see the objective-related tripartite con-
tracts proposed in the White Paper developed as an effective
instrument for involving regional and local authorities in the
implementation of those Community policies which most
directly affect them, taking account of the internal distribution
of powers in each of the Member States,

4.12.
proposes that, within the framework of this protocol,
the European Commission’s and Committee of the Regions’
information services hold regular meetings to identify events
that could be organised jointly, with priority being given to
subjects which directly influence the lives of Europe’s citizens
and which are mainstream policy competencies of local and
regional authorities either in full or in part, such as education,
employment, transport and the environment,

reiterates the proposal for coordinating Community

5.6.
policies in four stages:

— presentation by the European Commission of a periodic
strategic policy document for furthering the coordination
of Community policies and their impact,

4.13.
requests that action be taken in connection with
the recasting of information and communication policy to
guarantee the participation of the Committee of the Regions
and regional and local authorities in the interinstitutional
cooperation advocated by the European Commission and that
this partnership be granted the appropriate instruments, means
and financial resources.

(1) COM(2001) 176 final.

— strategic impact assessment procedure and consultation
of regional and local authorities prior to the drafting of
general policy documents,

— presentation by the European Commission to the other
institutions of its proposals, with the possible inclusion
of the options which prompted its choices,

— calls from the European Commission to the Council and
the Parliament to organise internal trade-offs, with due
regard to the expected impact and the need to coordinate
with various sectoral decision-making bodies,

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5.7.
thinks that the role of the Committee of the Regions in
the decision-making process must be considerably strength-
ened so that regional and local public authorities play a greater
part in projects from the very start and are closely involved in
the European political agenda,

welcomes in this respect

5.8.
the
Committee of the Regions’ consultative role, as advocated by
the European Commission, but points to the need to expand on
the guidelines given before taking a decision. The Committee of
the Regions should

the development of

considers therefore that, given the wish for trans-
5.13.
parency and efficacy,
the structured dialogue which the
European Commission wants to establish with these associ-
ations must be fully commensurate with the need to strengthen
and enhance the Committee of the Regions’ proactive role
in the Community decision-making process, as explicitly
advocated in the White Paper, and must respect the commit-
ment made by the European Commission in the joint declar-
ation of 20 September 2001 by Commission President Prodi
and the president of the Committee of the Regions to make
the CoR an ‘indispensable intermediary between the EU
institutions and the regional and local authorities’,

— play a more proactive role in examining policy, for
example through the preparation of exploratory reports
in advance of Commission proposals;

5.14.
feels that new forms of governance must allow the
different tiers of authority to engage in more substantial and
efficient cooperation,

— organise the exchange of best practice on how local and
regional authorities are involved in the preparatory phase
of European decision-making at national level;

— review the local and regional impact of certain directives,
and report to the Commission by the end of 2002 on the
possibilities for more flexible means of application.
The Commission will then consider a more systematic
approach to allow such flexibility for some parts of
Community law,

5.9.
accepts that the Committee will have to reform its
structures and working procedures to ensure that it fulfils its
representational and advisory roles effectively, and asks that it
be given the means to enable it to play a more proactive role
in determining policy in order to be more influential than it
has been to date,

5.10.
considers consequently that it is vital to profit from
this period of consultation to formalise the arrangements for
applying these guidelines with the European Commission,

5.11.
queries how the Commission intends to ‘establish a
more systematic dialogue with regional and local government
through national and European associations at an early stage
in shaping policy’, and to ‘organise (this) systematic dialogue
with European and national associations of regional and local
government, while respecting national constitutional and
administrative arrangements’,

5.15.
advocates the strengthening of cooperation with local
players who will be responsible for the practical implemen-
tation of European decisions with a territorial impact, and an
appraisal of the costs of implementation and of the additional
financial strain on the budgets of local and regional authorities,

points to the need for the wide range of regional and
5.16.
local authorities, with their multiple approaches to the question
of remits and competencies, especially in the run-up to
enlargement, to be able to voice their views in the various
stages of the Community decision-making process, and under-
lines that this participation could strengthen their role as active
proponents of the European ideal at grassroots level,

5.17.
welcomes the fact that in its list of priorities the
Belgian presidency has made clear reference to the role of the
regions, and trusts that the Spanish presidency will do likewise,
in line with the regions’ wish to have a greater say in decision-
making, and requests that this dialogue facilitate the global
strengthening of the procedures for consultation of all regional
and local authorities.

6.

Institutional reforms and recasting of the Treaties

The Committee of the Regions

5.12.
reiterates in this respect its intention to cooperate
more closely with national and European associations that
represent regional and local government, and is pleased that
the Commission wishes to support its efforts in this area,

considers that the White Paper and its proposals in
6.1.
favour of new forms of European governance should be
discussed in the debate on the future of the Union,

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6.2.
demands that territorial cohesion policy be incorpor-
ated in the Treaties as a responsibility to be shared by the
European Union, the Member States and regional and local
authorities; it must be ensured, however, that this does not
prevent Member States and regions from pursuing their own
regional policies. It must be possible to use regional and
interregional policy initiatives, designed to remove the barriers
to the endogenous development of each regional community,
to iron out (sub-) regional disparities, as measured within a
single region rather than by reference to a schematic EU
average,

stresses that a precise demarcation of powers and
6.10.
greater respect
for the principles of proportionality and
subsidiarity are essential starting points for the EU reform
process and the definition of governance. The drafting process
of all EU measures should include a careful analysis of why EU
level action is necessary, which matters fall within the respect-
ive remits of the EU institutions and Member States, as well as
how national, regional and local differences have been taken
into account,

6.3.
calls for the Charter of Fundamental Rights to have the
force of law and be integrated in the Treaties as part of a
constitutional process,

trusts that in an enlarged Union the legal and insti-
6.4.
tutional recognition of individual and collective fundamental
rights will help to strengthen ties between Europeans and
make a key contribution in helping to give tangible substance
to a true European citizenship,

welcomes once again the fact that the Treaty of Nice
6.5.
has taken account of the Committee of the Regions’ request
that its members must either hold a regional or local authority
electoral mandate or be politically accountable to an elected
assembly if they wish to become or remain Committee of the
Regions’ members,

6.11.
firmly trusts that more flexible arrangements for
vertical decentralisation, and cooperation between different
tiers of territorial authority, will be fittingly supplemented by
new mechanisms for horizontal interregional cooperation and
a partnership based on contractual ties of varying degrees with
other local authorities or with the representatives of civil
society, as well as recourse to the expertise of existing
interregional organisations,

6.12.
considers that, when developing tripartite or multi-
partite contracts, the internal distribution of powers must be
respected, so that the authorities which sign the contract with
the Commission are those which hold the powers, whether
they be legislative or implementing,

agrees therefore with the President of the European
6.6.
Commission regarding the need to strengthen the legitimacy
of the Committee of the Regions, which must have a real voice
in the debate on the future of the Union,

intends to implement the protocol on arrangements
6.13.
for cooperation which it recently signed with the Commission
on 20 September 2001, to participate fully in the preparations
for the 2004 IGC and to exercise with greater force its role as
the link for regional and local authorities,

welcomes the launch of the Convention, which is

6.7.
going to prepare for the next revision of the Treaties,

6.8.
appreciates the fact that the Committee of the Regions
has been granted observer status at the Convention and is in a
position to make a direct contribution to proceedings,

6.9.
thinks that the European Union’s basic texts should
specify how grassroots democracy requires recognition of a
statute for regional and local authorities in their dealings with
the Union, and requests that the role of local and regional
authorities be underlined in the scenarios for enhanced
cooperation,

6.14.
wishes therefore to be provided with the means for
enabling it to ‘play a more proactive role in examining policy’
and ‘organise the exchange of best practice on how local and
regional authorities are involved in the preparatory phase of
European decision-making at national level’,

that

reiterates its request

6.15.
the
Regions be granted the right to instigate proceedings before
the Court of Justice of the European Communities in order to
defend its prerogatives, and also be granted full institutional
status,

the Committee of

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requests that its role be reassessed within the new
6.16.
European architecture,
it be assigned responsibilities
extending beyond its consultative remit, especially during the
pre-legislative phase and in connection with the effective

that

monitoring of executive action, and that it be granted investiga-
tive powers as regards respect for the subsidiarity principle
and a ‘monitoring mandate’ as regards the impact of directives
and regulations on regional and local authorities.

Brussels, 13 March 2002.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Draft Report of the European Parliament on
the division of powers between the European Union and the Member States’

(2002/C 192/08)

THE COMMITTEE OF THE REGIONS,

having regard to the Presidency conclusions of the Laeken European Council of 14 and 15 December
2001, in particular the Laeken Declaration on the future of the European Union;

having regard to the draft report of the European Parliament’s Committee on Constitutional Affairs on
the division of powers between the European Union and the Member States (PE 304.276);

having regard to the European Parliament’s resolution on the Commission reports to the European
Council on Better Lawmaking 1998 and Better Lawmaking 1999 (C5-0266/2000 and C5-0279/1999);

having regard to the opinion of 10 October 2001 of the European Parliament’s Committee on Regional
Policy, Transport and Tourism for the Committee on Constitutional Affairs on the division of powers
between the European Union and the Member States (PE 301.816);

having regard to the draft opinion of 23 August 2001 of the European Parliament’s Committee on
Foreign Affairs, Human Rights, Common Security and Defence Policy for the Committee on Constitutional
Affairs on the delimitation of powers between the European Union and the Member States (PE 302.070);

having regard to the Commission communication of 5 December 2001 on the future of the European
Union (COM(2001) 727 final);

having regard to its resolution of 14 November 2001 on the preparations for the Laeken European
Council and the further development of the European Union in the context of the next intergovernmental
conference in 2004 (CdR 104/2001 fin);

having regard to its report of 20 September 2001 on proximity (CdR 436/2000 fin);