Opinion of the Committee of the Regions on: the Report from the Commission to the Council: Explaining Europe's Enlargement
Date: 2003-02-13
Institutions: European Committee of the Regions
Subjects: accession to the European Union, enlargement of the Union

C 128/56

EN

Official Journal of the European Union

29.5.2003

31.

attaches great
importance to the need to develop
urban, rural, island, mountain and peripheral areas in a
balanced, coordinated and sustainable way; underlines
that for those areas of the European Union whose
specific territorial characteristics constitute an additional
fragility factor, the task of developing an integrated
territorial strategy within the framework of the future
structural policy is all the more difficult and demanding;

32.

is of the view that the European Spatial Development
Perspective should be the political and legislative refer-

ence framework for coordinating regional planning
policies at Community level;

33.

34.

considers that regional cooperation represents an inte-
gration factor and genuine Community value added to
regional policy;

instructs its President to forward this resolution to the
European Commission, the European Parliament, the
Council,
the Greek and Italian Presidencies and the
governments and parliaments of the applicant countries.

Brussels, 13 February 2003.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on:

— the document ‘Towards the enlarged Union — Strategy Paper and Report of the European
Commission on the progress towards accession by each of the candidate countries’, and

— the ‘Report from the Commission to the Council: Explaining Europe’s Enlargement’

(2003/C 128/10)

THE COMMITTEE OF THE REGIONS,

having regard to the document Towards the enlarged Union — Strategy Paper and Report of the European
Commission on the progress towards accession by each of the candidate countries (COM(2002) 700
final);

having regard to the 2002 regular report on Bulgaria’s progress towards accession (SEC(2002) 1400);

having regard to the 2002 regular report on Cyprus’s progress towards accession (SEC(2002) 1401);

having regard to the 2002 regular report on the Czech Republic’s progress towards accession (SEC(2002)
1402);

having regard to the 2002 regular report on Estonia’s progress towards accession (SEC(2002) 1403);

having regard to the 2002 regular report on Hungary’s progress towards accession (SEC(2002) 1404);

having regard to the 2002 regular report on Latvia’s progress towards accession (SEC(2002) 1405);

29.5.2003

EN

Official Journal of the European Union

C 128/57

having regard to the 2002 regular report on Lithuania’s progress towards accession (SEC(2002) 1406);

having regard to the 2002 regular report on Malta’s progress towards accession (SEC(2002) 1407);

having regard to the 2002 regular report on Poland’s progress towards accession (SEC(2002) 1408);

having regard to the 2002 regular report on Romania’s progress towards accession (SEC(2002) 1409);

having regard to the 2002 regular report on Slovakia’s progress towards accession (SEC(2002) 1410);

having regard to the 2002 regular report on Slovenia’s progress towards accession (SEC(2002) 1411);

having regard to the 2002 regular report on Turkey’s progress towards accession (SEC(2002) 1412);

having regard to the Report from the Commission to the Council: Explaining Europe’s Enlargement
(COM(2002) 281 final);

having regard to the decision of its Bureau of 9 October 2002, under the fifth paragraph of Article 265
of the Treaty establishing the European Community, to instruct the Commission for External Relations to
draw up an opinion on this subject;

having regard to its opinion of 11 March 1999 on Eurotraining for Local and Regional Authorities in
Europe (CdR 404/98 fin) (1);

having regard to its opinion of 16 May 2002 on the Information Note from the Commission: Common
Financial Framework 2004-2006 for the Accession Negotiations (CdR 71/2002 fin) (2);

having regard to its draft opinion on the Communication from the Commission on the Action Plans for
administrative and judicial capacity, and the monitoring of commitments made by the negotiating
countries in the accession negotiations (CdR 244/2002 fin) (3);

having regard to its Resolution of 17 November 1999 on The ongoing EU enlargement process (CdR
424/1999 fin) (4);

having regard to its Draft Opinion (CdR 325/2002 rev.) adopted on 29 November 2002 by the
Commission for External Relations (rapporteur: Helene Lund, councillor, Farum municipality (DK, PES);

whereas as regards the ongoing process of EU enlargement, the Committee of the Regions underlines its
commitment to this process which it regards as an investment in peace, political stability, social cohesion
and prosperity for the people of Europe;

whereas this wave of the enlargement of the European Union represents a challenge that will shape the
face of Europe for generations and that has an impact on all areas of the debate on the future nature and
structure of the European Union;

whereas local and regional government as the implementers of much of the acquis legislation will have a
key role to play in the success of enlargement;

(1) OJ C 198, 14.7.1999, p. 68.
(2) OJ C 278, 14.11.2002, p. 40.
(3) OJ C 73, 26.3.2003, p. 20.
(4) OJ C 57, 29.2.2000, p. 1.

C 128/58

EN

Official Journal of the European Union

29.5.2003

whereas the basic principles of the European Union, such as the principle of proximity to citizens
(Article 1 of the EU Treaty), the subsidiarity principle and the principle of proportionality (Article 5 of
the EC Treaty and Protocol appended to the Amsterdam Treaty on the application of the principles of
subsidiarity and proportionality) formally relate primarily to the relations between the Union and the
Member States. However, in practice they are also relevant to the national decision-making process and
to the transposition of European law in the Member States and the application of that law at national,
regional and local level;

whereas these principles must, therefore, also guide the accession negotiations with the applicant
countries. The European Union, whilst respecting the way applicant countries’ powers are organised
internally, must work towards ensuring that EU law will be implemented in the future Member States as
efficiently as possible but also as closely as possible to the citizen,

unanimously adopted the following Opinion at its 48th plenary session of 12 and 13 February 2003
(meeting of 13 February).

1. The Committee of the Regions’ position

The Committee of the Regions

is pleased with the conclusion of the negotiations with
1.1.
the first ten candidate countries at the European Council
meeting in Copenhagen on 12 and 13 December 2002, with
a view to the signing of the accession treaty on 16 April 2003
in Athens;

1.2.
notes with satisfaction that the European Council
shared the Commission’s assessment that Cyprus, the Czech
Republic, Estonia, Hungary, Latvia, Lithuania, Malta, Poland,
Slovakia and Slovenia all have stable institutions which ensure
democracy, the rule of law, human rights and respect for and
protection of minorities, and that those countries thus meet
the political conditions for EU membership;

1.3.
notes with satisfaction that the European Council
shared the Commission’s assessment that the ten candidate
countries are all in a position to take on the obligations which
arise from membership, including acceptance of the goal of a
political, economic and monetary union, and a functioning
market economy which will be capable of coping with
competitive pressures and market forces within the European
Union in 2004, and that those countries thus meet the
economic criteria;

approves of the European Council’s decision, in the
1.4.
light of the recommendations in the Commission’s strategy for
enlargement, to increase pre-accession support for Bulgaria
and Romania with a view to those countries becoming full
members of the EU in 2007;

1.5.
supports the European Council’s decision, in the light
of the recommendations in the Commission’s strategy for
enlargement, that after the signature of the accession treaty
there will be continuous follow-up of the commitments arising
from the negotiations through ongoing monitoring;

1.6.
notes that building up capability is by far the greatest
challenge for the candidate countries, and is pleased in
this respect that the European Council, in the light of the
recommendations in the Commission’s strategy for enlarge-
ment, decided to implement special transitional arrangements
with a view to improving the capability of the administration
and the judiciary in the candidate countries;

1.7.
supports the Commission’s proposal that once the
accession treaty is signed the representatives of the candidate
countries should be included in the European decision-making
process and the European institutions’ work as observers until
final accession in 2004. The Committee of the Regions wishes
in this context to make the necessary decisions to enable the
candidate countries’ local and regional representatives to take
part in the Committee’s work as observers until final accession
in 2004;

1.8.
welcomes the fact that in the final negotiations on
some particularly difficult chapters the EU and the Member
States have honoured their responsibility to show solidarity
and understanding with the candidate countries which, besides
their efforts to meet the conditions required for integration,
have had to deal with extensive economic and social problems.
Solidarity remains a key element if enlargement is to be a
success.

Specifically with regard to local and regional authorities

The Committee of the Regions

1.9.
notes that the local and regional authorities in the
candidate countries are working in a committed and competent
way on the implementation of those parts of the EU acquis
which involve a reorganisation or extension of the tasks for
which local and regional authorities are responsible, and of
the political decision-making procedures,
in the candidate
countries;

29.5.2003

EN

Official Journal of the European Union

C 128/59

1.10.
notes that the management of EU legislation places
considerable administrative and training demands on local and
regional authorities not only in the candidate countries but
also in the EU Member States;

welcomes the European Commission’s efforts to pro-
2.3.
duce a coherent
long-term communication strategy for
enlargement with a view to keeping EU and candidate
countries’ citizens informed, ensure their participation in the
enlargement process and gain their support for it;

1.11.
is pleased with the considerable interest shown by the
fact that the candidate countries’ local and regional authorities
are very confidently and purposefully seeking information and
knowledge about the significance of EU membership for the
local and regional authorities’ day-to-day work;

1.12.
welcomes the many successful cooperation projects
— especially cross-border projects — carried out by local
and regional authorities in the EU countries and candidate
countries. These projects make a fruitful contribution to
European cohesion;

recommends that efforts be made to exchange experi-
1.13.
ences and establish measures to support the creation of non-
primary sector enterprises;

the great

expresses satisfaction at

1.14.
readiness and
interest shown by local and regional authorities in the present
Member States for sharing experience with their counterparts
in the candidate countries. This would include experience of
EU membership and its influence on the local and regional
authorities;

attaches importance to maintaining the good results
1.15.
achieved with the regional policy pre-accession funds — ISPA,
Sapard and Phare — when the new Member States make the
transition to the Structural Funds.

2. Dialogue with citizens on EU enlargement

The Committee of the Regions

2.1.
agrees with the Commission that public opinion in the
Union and the candidate countries will play a decisive role in
the closing stage of the accession negotiations, together with
the referenda to be held in most of the candidate countries. In
this context there is a need for even more specific information
on the background, development and status of the enlargement
process — both for the general public and for specific target
groups;

2.4.
suggests that the local and regional authorities in the
present Member States be given more opportunities to help
promote their citizens’ knowledge of the future member
countries. Cooperation between local and regional authorities
in EU and candidate countries is an important instrument for
promoting international understanding;

2.5.
agrees with the Commission that a successful com-
munication strategy involves not merely communication at
government level between the candidate countries, the Member
States and the EU institutions, but also an open debate bringing
in all social levels and groupings in civil society — regional
and local authorities, NGOs, business, farmers, trade unions
etc.;

2.6.
emphasises in this connection that the regional and
local authorities play a special role as the political and
administrative level which is in direct contact with citizens and
is thus best placed to promote the desired dialogue with them
and explain the consequences of the enlargement process at
regional and local level;

2.7.
adds that in practice local and regional authorities
serve as a good democratic apprenticeship for citizens, and
hence are an important element in ensuring and consolidating
well-functioning democracies in both present and future
Member States;

2.8.
calls on the governments of candidate countries and
Member States to involve the local and regional authorities
in the implementation of the communication strategy for
enlargement, and calls on the Commission, which plays a
unique role in the preparations for accession, to support
cooperation with all suitable levels in the candidate countries
and the Member States.

3.

Improving the capacities of the administration and
the judicial system in the context of enlargement

2.2.
notes that there is a real need to build up support for
enlargement among European people. Both in the candidate
countries and in the present Member States citizens do not feel
sufficiently orientated, with the result that in many countries
citizens regard enlargement with great uncertainty;

notes that the most important task in connection with
3.1.
EU accession, for all the candidate countries, is improving the
capacities of the administration and the judicial system;

The Committee of the Regions

C 128/60

EN

Official Journal of the European Union

29.5.2003

3.2.
notes that the Member States have the full responsi-
bility vis-à-vis the EU for implementing EU legislation, but that
in many of them these tasks are shared between the state and
the local and regional authorities, and points out that the acquis
cannot be effectively implemented without the participation of
the local and regional authorities;

3.8.
notes that a number of the candidate countries need to
strengthen their administrative and legal capacities in areas
which in part can be expected to be administered at local and
regional level, and in part will be of decisive importance for
welfare and development in the municipalities and regions of
the candidate countries;

recognises that there are considerable variations in
3.3.
regional and local powers among the Member States and
among the candidate countries, but underlines that a large part
of the responsibility for the implementation of EU legislation
can be expected to lie with the local and regional authorities
in the candidate countries;

3.4.
notes that there is a need to strengthen and build up
the local authorities’ capacity to administer, supervise and
maintain EU rules in fields which to a varying extent are
administered at local and regional level, or in fields where the
regional and local authorities are expected to support and
supplement the state’s contribution. This applies particularly
to EU regional, structural, environmental and agricultural
policies, to social and employment policy, public purchasing,
supply policy, IT strategies and IT tools — fields which are
also a challenge for the local and regional authorities in the
present Member States;

3.5.
thinks it desirable to emphasise that in the candidate
countries the regional and local levels, subject to their respect-
ive powers and roles, should be responsibly involved from the
initial stages in the programming and use of the Structural
Funds;

endorses in that respect the Commission’s proposal to
3.9.
implement special
transitional arrangements with a view
to ensuring that the administration’s and judicial system’s
capacities are sufficiently improved for the Community’s rules
to be implemented and enforced from accession onwards;

acknowledges the Commission’s action plans

to
3.10.
strengthen the candidate countries’ administration and judicial
system and its efforts with a view to institution-building as
part of the Phare programme since the beginning of the 1990s;

3.11.
takes the view, however, that the importance of the
regional and local authorities for the enlargement process
should be given greater weight and more attention in pro-
portion to the assistance they provide in improving the
administrative and legal capacities of the candidate countries;

underlines that improving local and regional adminis-
3.12.
trative capacities is a long-term process requiring cooperation
between the Commission, the candidate countries’ govern-
ments and the regional and local authorities in the form of
information, consultation, feedback and tailor-made training
programmes.

4. The Committee of the Regions’ practical recommen-

dations

The Committee of the Regions

3.6.
notes that the local and regional authorities need to
strengthen and build up economic, monitoring and reporting
tools in fields where these authorities’ contribution is essential
to the overall national effort;

calls for close dialogue and cooperation between public
4.1.
authorities at all levels in the candidate countries in connection
with their future EU membership;

3.7.
points out that in many candidate countries there is a
need for greater attention to, and definition of, which parts of
the EU acquis are in practice implemented there by the local
and regional authorities and which parts have direct as well as
indirect influence on local and regional government and the
political decision-making process. This definition will differ
from one candidate country to another depending on their
division of tasks and the process of implementing the acquis
so far;

proposes that the candidate countries set up an insti-
4.2.
tutionalised procedure for the involvement of
local and
regional authorities in preparing for the implementation of the
EU acquis in the policy areas where it depends in practice on
those authorities;

4.3.
recommends that cooperation between central/state
institutions and local and regional authorities takes place on
an equitable basis. In practice cooperation could take place
through national associations of local and regional authorities;

29.5.2003

EN

Official Journal of the European Union

C 128/61

4.4.
draws attention to the positive experience gained in
many EU Member States where local and regional authorities
are involved in the decision-making processes relating to the
practical implementation of the EU acquis, just as a timely
involvement of local and regional authorities in the national
EU decision-making process plays a part in legitimising EU
cooperation for public opinion. Furthermore, influencing and
learning from each other can be an advantage, as it leads to a
mutual understanding of the objectives and direction for
implementation of the individual parts of the EU acquis;

4.5.
underlines that a binding form of cooperation is
known to ensure the most appropriate implementation of EU
legislation. The local, regional and central authorities can —
within their respective spheres of competence — contribute
their practical experience of day-to-day problem-solving, and
legislative competence;

4.6.
attaches great importance to the fact that the local and
regional authorities in the candidate countries should have the
necessary resources available for implementing the EU acquis.
In principle cost calculations should be made when tasks are
allotted to local and regional authorities,
to ensure that
responsibility and funding go hand in hand;

recommends that the local and regional authorities in
4.7.
the candidate countries should have more access to exchange
of experience and to assistance on how the practical implemen-
tation of the EU acquis is handled at local and regional level.
There is a need in the candidate countries for very specific
and practical experience in specialised fields, since general
knowledge of the EU is to some extent already present and
accessible in those countries;

4.8.
underlines that cooperation between local and regional
authorities should not be restricted to the transfer of experience
from the present Member States to the candidate countries,
but that the local and regional authorities in each candidate
country, in their efforts to live up to the acquis, have gleaned
experience which should benefit the local and regional levels
in the present EU countries and the other candidate countries;

is pleased to note that the European Parliament, in its
4.9.
report on the enlargement negotiations, emphasises that
regional cooperation between the candidate countries is of the
greatest importance. The Committee of the Regions supports
the Parliament’s call to the Commission to make further
arrangements to promote the development of regional cooper-
ation between the candidate countries and to provide the
necessary funding;

4.10.
draws attention to the positive experience being
gained from the many town-twinning exchanges, local and
regional partnerships and forms of cooperation currently
taking place. For a relatively small
financial outlay, the
exchanges give many EU citizens a unique insight into the
daily life of the people of the candidate countries, whether it
be school classes, local business circles, local and regional
politicians, employees in local and regional administrations,
health workers, care workers or many other categories. It is
therefore important to update, speed up and simplify the
administrative procedures
and to provide means of
implementing them which will continue after the accession of
the candidate countries to the EU;

4.11.
welcomes the effort being made by and participation
of the EBRD in the development process in the enlargement
countries and calls for greater commitment to regional and
local projects through investment in projects to improve the
management of general
interest enterprises with a view to
providing better services at a more reasonable price;

recommends that the existing possibilities for interre-
4.12.
gional, particularly cross-border
cooperation be further
extended, especially in order to strengthen relations between
local and regional authorities across the EU’s future external
frontiers, e.g. with Russia and the former Soviet republics. In
this context experience has shown that cooperation which
springs up at local or regional level can act as a motor for
increased cooperation between neighbouring countries and
hence greater stability in border regions;

underlines that, especially as

regards local and
4.13.
regional authorities,
there is a great need for access to
programmes and forms of support which cut out red tape and
are easily accessible;

recommends that the process be completed whereby
the candidate countries can participate in the various

4.14.
all
Community programmes;

recommends

4.15.
the partnership principle be
applied, through the possibility of decentralised access to
programme and support possibilities;

that

4.16.
the
calls for strengthening of, and support
network of training institutions, which can be a forum for
exchange of experience and the sharing of knowledge about
the EU acquis and its influence on local and regional auth-
orities’ daily work;

for,

recommends that the principles of Eurotraining (1) be
4.17.
applied with a view to speedy implementation of training and
exchange of experience;

(1) CdR 404/98 fin.

C 128/62

EN

Official Journal of the European Union

29.5.2003

4.18.
recommends that tools be developed for coordinating
the many activities offered by the European institutions and
countries, including the EU and the Committee of the Regions,
the Council of Europe and its Congress of Local and Regional
Authorities, the CEMR, the AER, Eurocities, the EESC, the
OECD, the EUMC etc. This is a way of optimising the use of

resources and the quality of the effort, since experience to date
can be brought into play in new activities. In this context the
Committee calls upon the Commission to set up a practical
working group with representatives from the relevant insti-
tutions, which can make proposals on how to implement this
coordination in a flexible, non-bureaucratic way.

Brussels, 13 February 2003.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Communication from the Commission to the
Council, the European Parliament, the Economic and Social Committee and the Committee of the
Regions — The programming of the Structural Funds 2000-2006: An initial assessment of the
Urban initiative’

(2003/C 128/11)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the Council, the European Parliament, the
Economic and Social Committee and the Committee of the Regions on The programming of the
Structural Funds 2000-2006: An initial assessment of the Urban initiative (COM(2002) 308 final);

having regard to the decision taken by the Commission on 14 June 2002, under the first paragraph of
Article 265, of the Treaty establishing the European Community, to consult it on the matter;

having regard to the decision of its President of 23 September 2002 to issue an opinion on this subject
and to direct the Commission for Territorial Cohesion Policy to draw up the relevant opinion;

having regard to its opinion on the Communication from the Commission to the Member States laying
down guidelines for a Community Initiative concerning economic and social regeneration of cities and of
neighbourhoods in crisis in order to promote sustainable urban regeneration (Urban) (COM(1999)
477 final) (CdR 357/1999 fin) (1);

having regard to its opinion on 15 June 2000 on the Proposal for a Decision of the European Parliament
and of the Council on a Community framework for cooperation to promote sustainable urban
development (COM(1999) 557 final) (CdR 134/2000 fin) (2);

having regard to its opinion on 4 April 2001 on the European Commission Final Report on the Urban
Audit (CdR 190/2000 fin) (3);

(1) OJ C 156, 6.6.2000, p. 29.
(2) OJ C 317, 6.11.2000, p. 33.
(3) OJ C 253, 12.9.2001, p. 12.