Communication from the Commission - Consultation document: Towards a reinforced culture of consultation and dialogue - Proposal for general principles and minimum standards for consultation of interested parties by the Commission
Date: 2002-06-05
Institutions: European Commission
Subjects: EU institution, company constituted under civil law, consultation procedure, harmonisation of standards, legislative procedure

COMMISSION OF THE EUROPEAN COMMUNITIES

Brussels, 5.6.2002
COM(2002) 277 final

COMMUNICATION FROM THE COMMISSION

Consultation document: Towards a reinforced culture of consultation and dialogue -
Proposal for general principles and minimum standards for consultation of interested
parties by the Commission

COMMUNICATION FROM THE COMMISSION

Consultation document: Towards a reinforced culture of consultation and dialogue -
Proposal for general principles and minimum standards for consultation of interested
parties by the Commission

2

Draft

Consultation document

Towards a reinforced culture of consultaton and dialogue - proposal for general
principles and minimum standards for consultation of interested parties by the
Commission

I. Introduction

Interaction between the European Institutions and society takes place in various forms:

-

-

-

primarily  through  the  European  Parliament  as  the  elected  representation  of  the
European citizens;

through  the  institutionalised  advisory  bodies  of  the  EU  (Economic  and  Social
Committee  and  the  Committee  of  the  Regions),  based  on  their  role  according  to  the
Treaties;

and through less formalised direct contacts with interested parties.

In its White Paper on European Governance, the Commission committed itself to contribute
to a reinforced culture of consultation and dialogue in the EU.

Through the present paper on consultation of interested parties the Commission follows up on
its commitments. It is, at the same time, a  direct contribution to  the ‘Action Plan  for  Better
Regulation’  and  the  new  approach  to  impact  assessment,  both  of  which  the  Commission
adopted simultaneously.

Wide consultation by the Commission is not a new phenomenon. In fact, the Commission has
a  long  tradition  of  consulting  outside  interest  parties  in  the  formulation  of  its  policies.  The
Commission  incorporates  external  consultation  into  the  development  of  almost  all  its  policy
areas.

The  benefits  of  being open to outside  input  are,  therefore,  already  recognised.  However,  the
Commission  has  not  had,  until  now,  a  Commission-wide  approach  to  the  way  it  undertakes
consultations.  Each  of  the  departments  has  had  its  own  mechanisms  and  methods  for
consulting  its  respective  sectoral  interest  groups.  Whilst  this  has  undoubtedly  created  many
examples of good relationships between the Commission and interest groups, there is a general
view,  shared  by  many  within  the  Commission  and  those  whom  it  consults,  that  the  process
should  be  more  consistent.  The  reactions  of  interested  parties  to  the  White  Paper  on
Governance have confirmed this assessment1.

1 

These 

comments 

are 

displayed 

on 

the 

Commission’s 

‘Governance’  website 

at

http://europa.eu.int/comm/governance/index_en.htm

3

                                                
Through  the  present  document  the  Commission  therefore  puts  forward  a  number  of  key
principles,  which  should  govern  its  relations  with  interested  parties  and  proposes  a  set  of
minimum standards for the Commission’s consultation processes.

The overall rationale of this document is to ensure that all relevant parties are consulted in an
adequate way.

The principal aims of the proposed approach can be summarised as follows:

(cid:1)  To  contribute  to  a  better  involvement  of  interested  parties  through  a  more  transparent

consultation process, which will foster the Commission’s accountability.

(cid:1)  To provide general principles and standards for consultation that help the Commission
rationalise  its  consultation  procedures  and  to  carry  them  out  in  a  meaningful  and
systematic way.

(cid:1)  To build a framework for consultation that is coherent, yet flexible enough to take into
account  the  specific  requirements  of  the  diversity  of  interests  as  well  as  the  need  to
design appropriate consultation strategies for each policy proposal.

(cid:1)  To promote mutual learning and exchange of good practices within the Commission.

The  present  document  will  be  published  on  the  Internet  for  consultation.  Details  on  how
interested parties can participate in this consultation can be found in part V.

II. Overall rationale of the Commission’s consultation processes

Consultation – A win-win option for all actors

Consultation  mechanisms  form  part  of  the  activities  of  all  European  Institutions  throughout
the legislative cycle, from the phase of policy-shaping prior to a Commission proposal to final
adoption of a measure by the legislature and its implementation. Depending on the issues at
stake,  these  consultations  are  aimed  at  providing  opportunities  for  input  in  particular  from
representatives of regional and local authorities, civil society organisations, undertakings and
associations of undertakings, individual citizens concerned, academics or technical experts, as
well as interested parties in third countries.

In  terms  of  institutionalised  consultation  mechanisms,  the  Commission,  the  Parliament  and
the  Council  are  assisted  by  special  institutionalised  advisory  bodies,  i.e.  the  Economic  and
Social Committee (ESC) and the Committee of the Regions (CoR). The Commission attaches
great importance to encouraging these bodies to take a more proactive role and has taken the
necessary steps to achieve this (see chapter III).

However, the essential role of these advisory bodies does not exclude direct contacts between
the  Commission  and  interest  groups.  In  fact,  wide  consultation  corresponds  to  the
Commission’s  duties  according  to  the  Treaties  and  contributes  to  putting  forward  sound
proposals to the legislature. This is fully in line with the European Union's legal framework,

4

which  states  that  "the  Commission  should  [...]  consult  widely  before  proposing  legislation
and, wherever appropriate, publish consultation documents".2

Therefore,  there  is  no  contradiction  between  wide  consultations  and  the  concept  of
representative  democracy.  It  is  apparent  that  the  decision-making  process  in  the  EU  is  first
and  foremost  legitimised  by  the  elected  representatives  of  the  European  peoples.  As  the
European  Parliament  put  it  in  its  Resolution  on  the  White  Paper  on  Governance3:
“Consultation  of  interested  parties  [….]  can  only  ever  supplement  and  never  replace  the
procedures and decisions of legislative bodies which possess democratic legitimacy; only the
Council  and  Parliament,  as  co-legislators,  can  take  responsible  decisions  on  the  context  of
legislative procedures [….]”. The guiding principle for the Commission is therefore to  give
interested parties a voice but not a vote.

On  the  other  hand,  the  challenge  of  ensuring  an  adequate  and  equitable  treatment  of  all
relevant  parties  in  consultation  processes  should  not  be  underestimated.  The  Commission
underlined, in particular, its intention to “reduce the risk of the policy-makers just listening to
one side of the argument or of particular groups getting privileged access[…].”4

The framework proposed in the present document will contribute to overcoming this risk.

By  fulfilling  its  duty  to  consult,  the  Commission  ensures  that  its  proposals  are  technically
viable,  practically  workable  and  based  on  a  bottom-up  approach.  In  other  words,  good
consultation serves a double purpose by helping to improve the quality of the policy outcome
and at the same time enhancing the involvement of interested parties and the public at large.
Transparent  and  coherent  consultation  processes  run  by  the  Commission  have  another
advantage. They not only allow the general public to be more involved, they also enhance the
legislature's  opportunities  for  scrutiny  of  the  Commission’s  activities  (e.g.  by  making
available documents summarising the outcome of the consultation).

The specific role of civil society organisations

Although the target groups vary according to the circumstances, the Commission must always
ensure in its consultation procedures that all relevant interests in society have an opportunity
to express their views.

In  this  context,  civil  society  organisations  play  an  important  role  as  facilitators  of  a  broad
policy  dialogue.  For  this  reason,  the  Commission,  in  its  White  Paper  on  European
Governance,  stressed  the  importance  of  involving  these  organisations  into  its  consultation
processes. The Commission particularly encourages a coherent approach to representation of
civil society organisations at European level.

This specific role of civil society organisations in modern democracies is closely linked to the
fundamental right  of citizens to form associations in order to pursue  a  common  purpose,  as
highlighted in  Article  12  of  the  European  Charter  of  Fundamental  Rights.5  Belonging  to  an
association  provides  an  opportunity  for  citizens  to  participate  actively  in  addition  to
involvement in political parties or through elections.

2 Protocol (N° 7) on the application of the principles of subsidiarity and proportionality, annexed to the Amsterdam Treaty.
3 A5-0399/2001
4 White Paper on European Governance
5  «Everyone  has  the  right  to  freedom  of  peaceful  assembly  and  to  freedom  of  association  at  all  levels,  in  particular  in

political, trade union and civic matters (…)».

5

                                                
White Paper on European Governance

“Civil  society  plays  an  important  role  in  giving  voice  to  the  concerns  of  the  citizens  and
delivering  services  that  meet  peoples  needs.  […]  Civil  society  increasingly  sees  Europe  as
offering a good platform to change policy orientations and society. […] It is a real chance to
get  citizens  more  actively  involved  in  achieving  the  Union’s  objectives  and  to  offer  them  a
structured channel for feedback, criticism and protest.”

Some difficulties in this policy area can arise  from the fact that there is no common or even
legal  definition  of  the  term  ‘civil  society  organisation’.  It  can  nevertheless  be  used  as  a
shorthand  to  refer  to  a  range  of  organisations  which  include:  the  labour-market  players  (i.e.
trade  unions  and  employers  federations  –  the  “social  partners”);  organisations  representing
social and economic players, which are not social partners in the strict sense of the term (for
instance,  consumer  organisations);  NGOs  (non-governmental  organisations)  which  bring
people  together  in  a  common  cause,  such  as  environmental  organisations,  human  rights
organisations,,  charitable  organisations,  educational  and  training  organisations,  etc.;  CBOs
(community-based  organisations,  i.e.  organisations  set  up  within  society  at  grassroots  level
which pursue member-oriented  objectives),  e.g.  youth  organisations,  family  associations  and
all  organisations  through  which  citizens  participate  in  local  and  municipal  life;  religious
communities.6

It is evident that this description brings together the principal structures of society outside of
government and public administration, including economic actors not generally considered to
be “third sector” or NGOs. This has the benefit of being inclusive and demonstrates that the
concept  of  civil  society  organisations  is  deeply  rooted  in  the  democratic  traditions  of  the
Member Sates of the Union.

III. Improving Commission consultation procedures – An ongoing process

The Commission is not starting from scratch when it comes to the involvement of interested
parties. Over the last years, it has undertaken a series of measures to improve further the way
in which consultations are carried out. Some examples are outlined in the following.

The  Commission  will  continue  this  process  in  the  future.  For  instance,  in  a  field  that  is  of
major  importance  to  European  citizens,  the  Commission  is  committed  to  implement  the
UN/ECE  “Aarhus”  Convention  on  Access  to  Information,  Public  Participation  in  Decision-
making and Access to Justice in Environmental Matters. 7

A more proactive role for the institutionalised advisory bodies

As  indicated  in  the  introduction,  the  Economic  and  Social  Committee  (ESC)  and  the
Committee  of  the  Regions  (CoR)  have  a  key  part  in  the  consultation  process,  based  on  the
Treaties. As institutionalised advisory bodies of the EU, they stand for a deep rooted tradition
of  consultation.  The  Commission  is  keen  to  draw  upon  their  experience  and  encourages  a
more proactive role for these bodies.

6 This description corresponds to the analysis developed by the Economic and Social Committee in its opinion
‘The  role  and  contribution  of  civil  society  organisations  in  the  building  of  Europe’  (OJ  C  329,  17
November 1999, p. 30

7 This might require additional implementing measures at the Community level, which are being considered.

6

                                                
In 2001, the Commission, therefore, concluded Protocols on co-operation with the ESC and
the  CoR  respectively.  The  rationale  of  these  Protocols  is  to  reinforce  their  function  as
intermediaries  between  organised  civil  society  (ESC)  and  the  regional  level  (CoR)
respectively. As  far  as  the  ESC  is concerned, this new approach  corresponds  particularly  to
the spirit of the Nice Treaty. The Treaty fostered the ESC’s part in the Community framework
by  stipulating  that  it  “shall  consist  of  representatives  of  the  various  economic  and  social
components of organised civil society”.

Within the Commission, the Protocols will be implemented8 on the basis of an internal vade-
mecum for the Commission departments.

According  to  the  Protocols,  these  bodies  will  be  asked,  in  the  near  future,  to  organise
consultations on behalf of the Commission. It will then be necessary to discuss with them the
way in which they can adhere to the framework laid down in this document.

Open consultation procedures

The Commission carries out broad public consultation processes on the basis of consultation
documents,  i.e.  Green  and  White  Papers  and  Communications.  Within  these  open
consultations  all interested parties  and  individuals  are  able  to  provide  the  Commission  with
input, in line with the inclusive approach which the Commission follows.

However, this entails a number of practical constraints, which the Commission has started to
address. Open consultation processes tend to lead to a large number of comments, which often
can be difficult, even impossible to process. Through the Interactive Policy Making initiative
the  Commission  has  developed  a  special  on-line  tool,  the  use  of  which  can  contribute  to
overcome this problem.

8  The  implementation  of  these  Protocols  will  entail,  in  particular:  Requests  for  exploratory  opinions  on  cross-
cutting  issues  in  the  framework  of  the  strategic  priorities  of  the  Commission  and  a  systematic
consultation  on  Green  and  White  Papers;  an  increase  in  ad  hoc  co-operation  (hearings,  joint
conferences, other events)
As far as the ESC is concerned, building upon its cross-cutting  function to synthesise, other potential
input aimed at enhancing its role as a facilitator of dialogue with civil society could also be considered.

7

                                                
Interactive Policy Making Initiative (IAPM)

On 3 April 2001 the European Commission adopted a Communication on Interactive Policy
Making  (C(2001)  1014),  which  aims  to  improve  governance  by  using  the  Internet  for
collecting and analysing reactions in the marketplace for use in the European Union’s policy
making  process.  The  IPM  initiative  is  one  of  the  tools  that  will  help  the  Commission,  as  a
modern  administration,  to  respond  more  quickly  and  accurately  to  the  demands  of  citizens,
consumers and business.

The  Interactive  Policy  Making  Initiative  involves  the  development  of  two  Internet  based
mechanisms that will  enhance the Commission’s ability  to  assess  the impact  of EU policies
(or absence of them) on the ground:

-

-

A feedback mechanism, which helps collect spontaneous reactions in the marketplace.
It  uses  existing  networks  and  contact  points  as  intermediaries  in  order  to  obtain
continuous  access  to  the  opinions  and  experiences  of  economic  operators  and  EU
citizens.
A  consultation  mechanism,  which  is  designed  to  receive  and  store  rapidly  and  in  a
structured  way  reactions  to  new  initiatives.  This  includes  the  setting  up  of  standing
panels to gauge views, such as the Business Test Panel.

Focused consultation procedures

Good  consultation  requires  the  identification  of  the  most  appropriate  consultation  channels.
This can include the need to define clearly the target group(s) of a consultation process.

Examples  of  such  focused  consultation  mechanisms  are  formal  consultation  fora  officially
established by the Commission, or other structured consultation groupings, as well as ad hoc
consultation  exercises  (e.g.  hearings)  with  invited  representatives  of  the  relevant  sectoral
interests and of the public concerned.9

By  their  very  nature,  these  fora  provide  a  kind  of  privileged  access  to  the  Commission’s
policy-shaping  process.  A  minimum  requirement  of  transparent  Governance  is  therefore  to
shed  more  light  on  these  existing  consultation  mechanisms.  A  database  of  these  bodies  is
available  on  the  Internet,  including  information  about  their  remit,  composition  and  working
methods.

9  In  the  field  of  financial  services,  the  Commission  has,  on  the  basis  of  the  Resolution  on  more  effective
regulation  of  securities  markets  adopted  by  the  Stockholm  European  Council  in  March  2001,
established  an  early,  broad  and  systematic  consultation  process  for  the  adoption  of  legislation  and
technical implementing measures.

8

                                                
CONECCS

Data on formal and structured consultative bodies have been collected in a database10 named
CONECCS (Consultation, the European Commission and Civil Society). The objective is to
provide  information  on  the  committees  and  other  frameworks  of  the  Commission  through
which the civil society organisations are consulted in a formal or structured way.

Information  on  non-profit  making  civil  society  organisations  organised  at  European  level  is
also available to the public on the CONECCS website on the Europa server. This Directory of
organisations  is  established  on  a  voluntary  basis  and  is  intended  only  as  a  source  of
information, not a means of accreditation.

CONECCS is a dynamic tool, which is continually developing.

It  is  apparent  that  open  and  more  focused  consultation  procedures  are  not  necessarily
mutually  exclusive.  Depending  on  the  policy  issue  concerned,  they  are  both  often  part  of  a
mix of consultation procedures aimed at getting the best possible input from interested parties.

IV. General principles and minimum standards for consultations by the Commission

Further  to  the  developments  described  in  chapter  III,  the  Commission  now  wishes  to  take  a
next  operational  step  toward  a  reinforced  culture  of  consultation  by  proposing  a  certain
number of general principles and minimum standards for its consultation processes.

Nature and scope

It is proposed that the consultation relationship between the Commission and interested parties
should  be  underpinned  by  certain  fundamental  principles.  Such  principles  would  define  the
environment within which they will both operate. They would also constitute the basis for any
future developments in the area of consultation policy. The proposed principles draw primarily
on  the  general  principles  guiding  the  conduct  of  the  Commission’s  business.  These  key
principles  were  highlighted  in  the  Commission’s  White  Paper  on  European  Governance:
Participation, openness, accountability, effectiveness and coherence.

For  the  consultation  relationship  to  succeed,  the  commitment  to  these  principles  cannot  be
unilateral:  both  sides  involved  in  the  consultation  process  have  a  role  in  applying  them
effectively.

The proposal is that the Commission will be guided in the conduct of its open and/or focused
consultations  on  major  policy  initiatives11  by  the  general  principles  and  the  minimum
standards  set out in this document, without prejudice  to  more  advanced  practices  applied  by
the  Commission  departments  or  any  more  specific  rules  to  be  developed  for  certain  policy
areas. Neither the general principles nor the minimum standards are legally binding.

10 http://europa.eu.int/comm/civil_society/coneccs/index.htm

11 Major policy initiatives are, in particular, those that will require an extended impact assessment

9

                                                
For  the  purpose  of  this  document  ‘consultations’  means  those  processes  through  which  the
Commission wishes to trigger input from outside interested parties to its policy-shaping prior
to  a  decision  by  the  College  of  Commissioners.  Consequently,  the  following  fields  are
excluded from the scope of the general principles and minimum standards:

-

-

-

Specific  consultation  frameworks  foreseen  in  the  Treaties  (e.g.  the  roles  of  the
institutionalised advisory bodies; the  social  dialogue  according  to  articles  137  to  139
TEC) or provided for in other Community legislation

Consultation requirements under international agreements

The participation of Member States’ representatives through the so-called ‘comitology’
procedure12.

As flagged in the White Paper on European Governance, the general principles and minimum
standards for consultation will be complemented, but not replaced, in the future by two other
instruments that the Commission is developing at the moment:

- A set of  guidelines on  the use of expertise which will aim to encapsulate  and spread  good
practice. In particular they should provide for the accountability, plurality and integrity of the
expertise  used.  They  will  apply  notably  whenever  the  Commission  is  faced  with  a  policy
issues  that  hinges  to  some  extent  on  a  scientific  assessment.  The  guidelines  will  be
implemented  in  co-ordination with the  minimum  standards presented  here,  particularly  since
there  is  often  a  need  in  the  policy  process  for  an  interaction  between  experts  and  interested
parties.

-    A  framework  for  a  more  systematic  dialogue  with  associations  of  regional  and  local
government in the EU.

These instruments will respond to the specific needs of the policy areas concerned.

General principles

PARTICIPATION

“[The]  quality  of  […]  EU  policy  depends  on  ensuring  wide  participation  throughout  the
policy chain – from conception to implementation.”13

The  Commission  is  committed  to  follow  an  inclusive  approach  when  developing  and
implementing  EU  policies.  Therefore,  the  Commission  is  committed  to  consult  as  widely  as
possible  on  major  policy  initiatives.  This  applies,  in  particular,  in  the  context  of  legislative
proposals.

12 According to Council decision 1999/468/EC
13 White Paper on European Governance

10

                                                
OPENNESS AND ACCOUNTABILITY

“The[European] institutions should work in a more open manner […] in order to improve the
confidence in complex institutions.”14

“Each  of  the  EU  institutions  must  explain  and  take  responsibility  for  what  it  does  in
Europe”.15

The  Commission  believes  that  the  processes  of  administration  and  policy-making  must  be
visible  to  the  outside  world  if  they  are  to  be  understood  and  have  credibility.  This  is
particularly true of the consultation process, which acts as the primary interface with interests
in society.

Consultation  processes  run  by  the  Commission  must,  therefore,  also  be  transparent,  both  to
those who are directly involved and to the general public. It must be clear:

(cid:1)  what issues are being developed

(cid:1)  what mechanisms are being used to consult

(cid:1)  who is being consulted and why

(cid:1)  what has influenced decisions in the formulation of policy.

It follows that interested parties must themselves operate in an environment that is transparent,
so that the public is aware of the actors involved in the consultation processes and how they
conduct themselves.

Openness  and  accountability  are  thus  important  principles  for  the  conduct  of  organisations
when they are seeking to contribute to EU policy development. It must be apparent:

(cid:1)  which interests they represent

(cid:1)  how inclusive that representation is

(cid:1)  how accurately they reflect those interests.

Interested parties that wish to submit comments on a policy proposal by the Commission must
therefore  be  ready  to  provide  the  Commission  and  the  public  at  large  with  the  information
described above. The CONECCS database should prove to be a useful tool in this context.

EFFECTIVENESS

“Policies must be effective and timely, delivering what is needed.16”

14 idem
15 idem
16 idem

11

                                                
Effective  consultation  requires  consultation  to  start  as  early  as  possible.  Interested  parties
should  therefore  be  involved  in  the  development  of  a  policy  at  a  stage  where  they  can  still
have  an  impact  on  the  formulation  of  the  main  aims,  methods  of  delivery,  performance
indicators and, where appropriate, the initial outlines of that policy. Consultation at more than
one stage may be required.

In  addition,  both  the  Commission  and  outside  interested  parties  will  benefit  from
understanding  the  perspective  of  the  other.  The  Commission  operates  within  a  policy  and
political framework that is influenced by many factors. For example, it must take account of
its  obligations  to  the  other  European  institutions  under  the  Treaties,  as  well  as  of  its
international obligations to third countries and international organisations.

A prerequisite for effectiveness is the respect of the principle of proportionality. The method
and extent of the consultation performed must therefore always be proportionate to the impact
of  the  proposal  subject  to  consultation  and  must  take  into  account  the  specific  constraints
linked to the proposal.

A  better  understanding  of  such  factors  and  of  how  the  Commission  works  will  help  outside
interested parties to have realistic expectations about what can be achieved.

COHERENCE

“Policies and action must be coherent […]”17

The  Commission  will  ensure  that  there  is  consistency  and  transparency  in  the  way  its
departments operate in their consultation processes.

The  Commission  will  include  in  its  consultation  processes  mechanisms  for  feedback,
evaluation and review.

However, it is not enough for the Commission alone to review its own performance within the
consultation process. Interest groups must also have mechanisms for monitoring the process,
so that they can see what they can learn from it and check that they are making an effective
contribution to a transparent, open and accountable system.

The  results  of  such  monitoring  can  then  be  considered  together  with  those  of  the
Commission’s  own  internal  review  processes  to  produce  a  better  picture  of  how  the
arrangements are working, and how they can be refined or extended.

Minimum standards

A. CLEAR CONTENT OF THE CONSULTATION

All communication in relation to the consultation should be clear and concise, and should
include all necessary information to facilitate responses.

17 idem

12

                                                
The information to be provided in publicity and consultation documents should include:

(cid:1)  A summary of the context, scope and objectives of the consultation including a description
of the specific issues which are open for discussion or questions with particular importance
for the Commission.

(cid:1)  Details of any hearing, meeting or conference, where relevant

(cid:1)  Contact details and deadlines

(cid:1)  Explanation of the Commission’s processes for  dealing  with  the contributions,  feed-back

and of the next stages involved in the development of the policy

(cid:1) 

If  not  enclosed,  reference  to  related  documentation  (including,  where  applicable,
supporting documents of the Commission’s services).

B. PUBLICATION

The  Commission  should  ensure  adequate  awareness-raising  publicity  and  adapt  its
communication  channels  to  meet  the  needs  of  all  target  audiences.  Without  excluding
other communication tools, open public consultations should always be published on the
Internet and announced on the “single access point”.

For addressing the broader public, one single access point for consultation will be established
where interested parties should find information and relevant documentation. For this purpose,
the Commission could use the ‘Your-Voice-in-Europe’ webportal.18

More traditional alternatives to the Internet (e.g. press releases, mailings) should, however, be
maintained  in  parallel.  Where  appropriate  and  feasible,  the  Commission  should  provide
consultation documents in alternative formats so as to make them more accessible to persons
with disabilities.

C. TIME LIMITS FOR PARTICIPATION

The  Commission  should  always  provide  sufficient  time  for  planning  and  responses  to
invitations and written contributions. The Commission presently considers that it should
strive  to  provide  no  fewer  than  6  weeks  for  reception  of  responses  in  written  public
consultations and 20 working days notice for meetings.

The main rule is to provide sufficient time for preparation and planning by those participating
in Commission consultations.

Consultation periods should strike a reasonable balance between the need for adequate input
and the need for swift decision-making. In urgent cases or where interested parties already had
sufficient opportunities to express themselves, the period may be shortened. On the other hand
a  consultation  period  longer  than  six  weeks  might  be  required  in  order  to  take  into
accountcertain  existing  binding  instruments    (this  applies,  in  particular,  to  notification

18 http://europa.eu.int/yourvoice

13

                                                
requirements under the WTO agreement) or the specificity of a given proposal (e.g. because of
the  diversity  of  the  interested  parties  or  the  complexity  of  the  issue  at  stake).When  the
deadline  for  transmission  of  comments  has  expired,  the  Commission  service  will  close  the
consultation and take the next steps in the administrative process (e.g. prepare for the decision
by the College of Commissioners).

D. ACKNOWLEDGEMENT AND FEEDBACK

Acknowledgement of receipt of contributions should be provided. Results of open public
consultation  should  be  displayed  on  websites  linked  to  the  single  access  point  on  the
Internet.

Depending  on  the  number  of  comments  involved  and  the  resources  available,  an
acknowledgement could take the form of:

(cid:1)  An individual response (by e-mail or acknowledgement slip), or

(cid:1)  A  collective  response  (by  e-mail  or  on  the  Commission’s  single  access  point  for
consultation on the Internet. When comments are posted on the single access point within
15 working days, this will be considered as an acknowledgement of receipt.)

Contributions  will  be  carefully  analysed  to  see  whether,  and  to  what  extent,  the  views
expressed  can  be  accommodated  in  the  policy  proposals.  These  contributions  will  be  made
public on the single access point.

The Commission will encourage practices to provide adequate feedback to responding parties
and to the public at large.

In particular, explanatory memoranda accompanying legislative proposals by the Commission
will include the results of prior consultation processes as well as an explanation on how these
have  been  carried  out  and  how  the  results  have  been  taken  into  account  in  the  proposal.  In
addition,  the  results  of  consultations  carried  out  in  the  Impact  Assessment  process  will  be
summarised in the related reports.

E.

SPECIFIC ELEMENTS FOR FOCUSED CONSULTATIONS

Where  the  Commission  carries  out  focused  consultation  procedures,  the  Commission
should ensure that relevant parties have an opportunity to express their opinions.

In order to ensure equitable treatment, the Commission should ensure an adequate coverage of
the following parties in the focused consultation process :

(cid:1) 

(cid:1) 

those affected by the policy

those who will be involved in the implementation of the policy, or

(cid:1)  bodies that have stated objectives giving them a direct interest in the policy.

In determining the relevant parties for consultation, the Commission should as well take into
account the following elements:

14

(cid:1)  The  wider  impact  of  the  policy  on  other  policy  areas,  for  example,  environmental

interests19

(cid:1)  The need for specific experience, expertise or technical knowledge, where applicable

(cid:1)  The need to involve non-organised interests, if necessary

(cid:1)  The track record of participants in previous consultations

(cid:1)  The need for a proper balance, where relevant, between the representatives of:

(cid:1) 

(cid:1) 

(cid:1) 

(cid:1) 

large and small organisations

social and economic actors

wider  constituencies  and  specific  target  groups  (for  example,  women,  the
elderly, the unemployed, or ethnic minorities)

organisations in the European Union and those in non-member countries (e.g. in
the  candidate  or  developing  countries  or  in  countries  that  are  major  trade
partners of the European Union).

Where  appropriate,  the  Commission  encourages  contributions  from  interested  parties
organised at European level.

It should be noted that the Economic and Social Committee has produced a set of eligibility
criteria for the so-called civil dialogue20. The Committee wishes to discuss these further with
the European institutions and civil society organisations.

Where  a  formal  or  structured  consultation  body  already  exists,  the  Commission  should  take
steps to ensure that its composition properly reflects the sector it represents. If this is not the
case,  the  Commission  should  consider  how  to  ensure  that  all  interests  are  being  taken  into
account (e.g. through other forms of consultation).

Results of more restricted consultations should, as far as possible, be subject to public scrutiny
on the designated single access point on the Internet.

19 Article 6 of the Treaty establishing the European Community
20 «In order to be eligible, a European organisation must: exist permanently at Community level; provide direct
access  to  its  members’  expertise  and  hence  rapid  and  constructive  consultation;  represent  general
concerns that tally with the interest of European society; comprise bodies that are recognised at Member
State  level  as  representatives  of  particular  interests;  have  member  organisations  in  most  of  the  EU
Member  States;  provide  for  accountability  to  its  members;  have  authority  to  represent  and  act  at
European  level ;  be  independent  and  mandatory,  not  bound  by  instructions  from  outside  bodies;  be
transparent  especially  financially  and  its  decision-making  structures.»  (Opinion  on  ‘European
Governance – a White Paper’ of 20 March 2002; CES 357/2002)

.

15

                                                
V. Consultation on the proposed general principles and minimum standards

Following  publication  of  its  White  Paper  on  European  Governance,  the  Commission  has
received many comments21, which strongly welcome its commitment to establish a coherent
framework  for  the  consultation  of  interested  parties.  Many  contributions  already  contain
operational proposals, which are directly relevant to the approach developed in this document.
Several organisations stressed their interest in supplying the Commission with more detailed
comments on the basis of an actual draft consultation framework proposal.

The  Commission,  therefore,  wishes  to  encourage  all  interested  parties  to  submit  their
comments  on  the  proposed  general  principles  and  minimum  standards  by  providing  an
opportunity for them to submit comments.

These  reactions  and  the  comments  the  Commission  has  already  received  will  be  carefully
analysed to see whether, and to what extent, they can be incorporated into the final design of
the  general  principles  and  minimum  standards  to  be  adopted  by  the  Commission  in  the
autumn 2002.

Reactions  to  the  Commission’s  proposals  may  be  sent  to  the  Commission  before  31  July
2002.

Contributions can be submitted either by e-mail to:

SG-Consultation-minimumstandards@cec.eu.int

Or by post to:

European Commission
Secretariat-General
Office: BREY 9/210
B-1049 Brussels

All contributions will be displayed on the ‘Governance’ website.

Interest groups submitting comments on behalf of their organisations will be asked to provide
the Commission with basic information about their general objectives, structure and the way
in  which  they  have  consulted  their  members  on  the  Commission’s  proposals.  Where  these
organisations are already part of the CONECCS database, they will be asked to ensure that the
data related to their organisation are up to date. For organisations that do not wish to use this
facility and those that do not fulfil the eligibility criteria a separate information sheet will be
provided.

Comprehensive  information  about  this  consultation  will  be  made  available  on  the
Commission’s ‘Governance’ web site at:

http://europa.eu.int/comm/governance/index_en.htm.

21 These comments are displayed on the Commission’s ‘Governance’ website

16