Opinion of the Committee of the Regions on the "Follow-up to the White Paper on European governance"
Date: 2003-07-02
Institutions: European Committee of the Regions
Subjects: EU policy, consultation procedure, drafting of EU law, governance, management

C 256/24

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Official Journal of the European Union

24.10.2003

Opinion of the Committee of the Regions on the ‘Follow-up to the White Paper on European
governance’

(2003/C 256/04)

THE COMMITTEE OF THE REGIONS,

having regard to the communications of the European Commission on the Follow-up to the White Paper
on European Governance — COM(2002) 704 final, COM(2002) 705 final, COM(2002) 709 final,
COM(2002) 713 final, COM(2002) 718 final, COM(2002) 719 final, and COM(2002) 725 final/2 — and
to the working paper of the European Commission on Ongoing and systematic policy dialogue with
local-government associations;

having regard to the decision of the European Commission on 11 December 2002, under the first
paragraph of Article 265 of the Treaty establishing the European Community, to consult it on this matter;

having regard to the decision of its president on 23 September 2002 to draw up an opinion on the
Follow-up to the White Paper on European Governance and to instruct the Commission for Constitutional
Affairs and European Governance to undertake the preparatory work;

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

having regard to the Communication from the European Commission 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 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 its opinion of 13 March 2002 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 (CdR 103/2001 fin);

having regard to the resolution of the European Parliament on the European Commission White Paper
on European Governance (A5-0399/2001);

having regard to the draft opinion (CdR 19/2003 rev.) adopted on 16 May 2003 by its Commission for
Constitutional Affairs and European Governance (rapporteur: Mr Delebarre, FR-PES);

whereas various contributions have been made to the debate on new forms of governance and conclusions
drawn from a number of seminars organised by the Committee of the Regions itself, including the one
held in Ilioupoli on 31 March 2003,

adopted the following opinion nem. con. with one abstention at its 50th plenary session on 2 and 3 July
2003 (meeting of 2 July).

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

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1. Developments relating to the follow-up to the White

Strengthening consultation and dialogue

Paper

The Publication of the Green Paper

The Committee of the Regions

1.1.
observes that it has always been concerned about
simplifying the workings of the institutions and improving
the
control of decision-making mechanisms, and about
approaches set out by the European Commission in its 2001
White Paper on European Governance;

notes that

1.2.
the communications published by the
European Commission in December 2002 provide proof that
the comments requested from and provided by the Committee
and several other partners have made an impression;

emphasises that the communications take into account
1.3.
the need for
information, consultation and partnership
between stakeholders at the various levels and the request of
some of them to be more involved in the preparation and
implementation of European policies;

1.4.
congratulates the European Commission on having
conducted its own assessment of these issues and for having
suggested improvements, without changes to the treaties, over
the policy-framing cycle, and for having stressed the need for
more involvement of regional and local authorities in the
decision-making process of the Union;

1.5.
considers that the overall coherence and clarity of the
communications on the different stages of the decision-making
process are underpinned by a precise breakdown of
the
decision-making principles and instruments at each stage;

The Committee of the Regions

1.7.

notes that the European Commission has:

— published a communication (1) setting out the ‘general
principles and minimum standards for consultation of
interested parties by the Commission’ in order to ‘give
interested parties a voice, but not a vote’ in the decision-
making process;

— confirmed its intention to ‘establish [...] a more systematic
dialogue with European and national associations of
regional and local government at an early stage of policy
shaping’ and presented a working paper (2) at the end of
March 2003 on the conditions under which such dialogue
would take place;

1.8.
appreciates the efforts of the European Commission to
propose standardised procedures for consulting what it calls
‘organised civil society’ and thus providing citizens with a
‘structured channel for feedback, criticism and protest’ in the
context of interactive policy formulation, and points out that
different representative organisations should be consulted at
European level;

1.9.
notes the appropriateness of the framework proposed
by the European Commission for balancing the principles
of participation, openness, responsibility, effectiveness and
coherence and the standards relating to clear content of the
consultation process, identification of target groups, accessi-
bility of information, time limits for participation and feedback;

1.10.
wishes the gradual application of such consultation
mechanisms by the European Commission to effectively
contribute to improving the transparency of decision-making
processes.

Organisation of permanent dialogue with local and regional auth-
orities

wishes to take part in the current discussion about the

1.6.
steps involved in taking these decisions, be they:

The Committee of the Regions

— steps preceding a decision, e.g. those involving consul-
tation of the general public, use of experts or application
of comitology, or

1.11.
considers it necessary to develop the sharing of
responsibilities between local, regional, national and European
authorities with respect
to decision-making and policy
implementation;

— steps following a decision, e.g.

those involving co-
responsibility of partners, delegation of responsibility to
of
regulatory
implementing skills, monitoring, follow-up, evaluation of
results, and so on.

concerted mobilisation

agencies,

(1) COM(2002) 704 final.
(2) Cf. European Commission working paper: ‘Ongoing and system-
atic policy dialogue with local-government associations’, access-
ible on the Commission website since 28.3.2003.

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1.12.
welcomes the current consultation intended to define
the principles and terms of this ‘regional dialogue’, which is
the equivalent of ‘social dialogue’ for the regional and local
authorities;

notes with satisfaction that the European Commission
1.13.
agrees that the Committee of the Regions — which insti-
tutionally represents European local and regional authorities
— is responsible for developing the dialogue with their
associations. This responsibility is already mentioned in the
cooperation protocol signed by their presidents on 21 Septem-
ber 2001;

endorses the Commission’s proposal to have the
1.14.
Committee of the Regions organise an annual meeting at
which the Commission outlines its work programme to the
national or European representative associations of local and
regional authorities. Moreover, representatives of local and
regional government should be able to put forward their views
not only on the Commission’s work programme and other
plans but also on concrete legislative proposals;

1.15.
considers that in order to achieve such high-quality
dialogue, the Committee of the Regions must itself set out the
terms of cooperation with associations representing local and
Indeed, clear, precise rules should be
regional authorities.
framed in order to ensure proper representation when the
Committee of the Regions — in close cooperation with the
organisations concerned — selects organisations for inclusion
in the dialogue with the Commission;

1.16.
underlines that the involvement of local and regional
authorities must be two-fold: on the one hand, systematic
consultation of and monitoring by local and regional auth-
orities in the pre-legislative stage, and on the other hand, a
strengthened role for the CoR in the political decision-making
process;

1.17.
believes that there must be networked cooperation
between local authorities and their national or European
associations in the form of solid partnerships that provide an
added value over and above a simple response to pre-decision
consultations.

A flexible framework of target-based contracts

The Committee of the Regions

1.19.
approves the European Commission’s proposals seek-
ing to involve regional authorities directly in a true partnership
with their cities and local authorities in defining objectives,
managing Community funds and monitoring results, partly
through tripartite contracts signed between the European,
national and regional levels — for it is a matter of overcoming
the weaknesses of the current system by implementing the
partnership principle and drawing up overall agreements
between the regions, their cities and their local authorities;

1.20.
believes that a framework of agreements and con-
tracts will allow flexible, effective partnerships to be set up and
so provide real added value promoting rapid realisation of
well-defined joint objectives, without affecting the partners’
institutional remits;

1.21.
is pleased that the European Commission has decided
to experiment with contracts in spheres such as sustainable
development, the environment, transport and research and
development, in order to highlight the advantages of a process
that is likely to reduce the current routine use of certain
legislative procedures and so lower the overall operating costs
of the European Union;

points out that it sees itself as a body that articulates
1.22.
the views of regional and local authorities in the EU decision-
making process. In its consultation paper the Commission
should therefore avoid casting the CoR in the role of the body
which prepares the ground and provides lists and addresses of
EU-level and national-level associations of local and regional
authorities.

Applying the principles of subsidiarity, proximity, proportionality,
etc.

The Committee of the Regions

1.23.
stresses that the principles of subsidiarity, proximity
and proportionality should be clearly written into the EU’s
new constitutional treaty and be evaluated and taken into
consideration during the various stages of the Union’s legislat-
ive process;

1.18.
notes that concluding target-based contracts will
make it possible to enhance territorial cohesion and the
flexibility of policies with a strong regional
impact, by
simplifying European and national legislative mechanisms;

1.24.
considers that the European scope of the principles
of subsidiarity, proximity and proportionality should not be
restricted to the spheres where there is dialogue between the
Union and the Member States; these principles must also apply
to all policy areas for which local and regional authorities have
responsibility;

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1.25.
expects the respect for these principles and establish-
ment of new forms of governance to substantially strengthen
cooperation partnerships between the different levels of power,
with a view to achieving the objectives of economic, social and
territorial cohesion. This involves formulating a concept for
balanced and multi-centred development, better integration of
the urban and rural dimensions, and a greater coordination of
regional policy with the main sectoral policies, particularly
competition policy and policy towards services of general
economic interest;

in the debate on the preparation and implementation of Union
policies and thus be in a position to:

— put into practice the cooperation protocol signed with

the Commission in 2001;

— properly carry out its duties as representative of the local

and regional authorities;

1.26.
would like the inclusion in the constitutional treaty
of a better allocation of tasks and responsibilities between the
different levels of government, in accordance with the practical
application of the principles of subsidiarity, proximity and
proportionality.

— participate fully in improving the implementation of

European governance.

The role of the Committee of the Regions in consultations and
dialogue with local and regional authorities

Instruments of regulation, information and communication

The Committee of the Regions

The Committee of the Regions

1.27.
recognises the value of using European regulatory
agencies to take over some of the executive tasks of the Union,
provided this happens in clearly defined areas;

1.28.
therefore endorses the European Commission’s pro-
posal to introduce a framework adapted to the different
agencies;

1.29.
recommends that to protect the public interest such
agencies should be subject to an effective surveillance and
control system for technical and administrative, as well as
political, purposes;

1.30.
reiterates its support for the European Commission’s
efforts to promote the development of its information policy
by using information technologies and providing regular
online information;

recalls its wish to introduce its own strong communi-
1.31.
cation policy of highly decentralised and broad dissemination
of information accessible to all citizens, in partnership with
local and regional government.

2. Recommendations of the Committee of the Regions

The Committee of the Regions

wishes to be granted the status of

fully fledged
2.1.
institution with increased responsibilities in the new European
architecture, so that it can play an even more constructive role

stresses that for our fellow citizens territorial cohesion

2.2.
policy is crucial for EU action;

2.3.
reiterates its call for territorial cohesion policy to be
regarded as a shared responsibility between the European
Union, the Member States and local and regional authorities;

wishes to take an active and complementary part in
2.4.
developing governance at regional and local level, in particular
by participating in:

— consultations with local players and the organisation of
discussion platforms between local and regional auth-
orities and civil society;

— the organisation and running of exchange networks
designed to formalise cooperation between the various
levels of local and regional authority, in particular with
regard to the territorialisation of EU policies;

— the promotion of transnational and interregional cooper-
ation, on the basis of arrangements tailored to each area
of cooperation, and of new instruments for cooperation
between regions situated in different Member States;

2.5.
offers its services in setting up partnerships with
organisations representing local and regional authorities so as
to capitalise on the special knowledge that such authorities
may have in the various areas which concern them, with a
view to presenting local or regional proposals to the European
institutions when they are drawing up Community policies,
thus contributing to a more balanced development of the
Community’s regions and to participation of the regions in the
implementation of the Union’s political agenda;

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2.6.
reiterates its proposal for the treaties to contain a
provision allowing the CoR to play a major role in the
consultation of regional and local authorities and their Euro-
pean associations by the European Commission, in particular
by providing an effective link for any authorities wishing to
bring an action before the Court of
Justice because they
consider that a Community act impinges on their powers and
hence does not respect the subsidiarity principle. Notwith-
standing this proposal, the regions in which they are represent-
ed should have their own right to bring an action before the
European Court of Justice in connection with the subsidiarity
principle;

2.7.
also reiterates its call for local and regional authorities
to be granted the right to bring an action before the European
Court of Justice when they feel that their powers are not being
respected by the European Union institutions.

Outlook reports, expertise and impact studies

The Committee of the Regions

— prepare or coordinate outlook reports, to ensure the
integration of the territorial dimension and sustainable
development in Community policies;

— promote the use of target-based tripartite contracts and

agreements.

Application of the subsidiarity principle

The Committee of the Regions

2.11.
recalls the proposal which it submitted to the Conven-
tion on the Future of Europe calling for the treaties to contain:

— a clear definition of the subsidiarity principle guaranteeing
respect for the competences of local and regional auth-
orities, which may vary from one country to another;

— the introduction of a system for ex-ante and ex-post
checks on compliance with the subsidiary principle, in
which the Committee of the Regions can play a full role;

2.8.
approves the idea of creating a regulatory environment
in which the fruits of scientific and technical expertise can be
mobilised and put to good use by means of open-ended,
transparent, pluralist and well-honed processes;

2.12.
wishes to be able to monitor correctly the application
of the subsidiarity and proximity principles, and consequently
to have the resources to:

wishes to put the experience and know-how of its
2.9.
members and the local and regional authorities which they
represent at the service of everyone, and to help share the
good practice which exists at regional and local level and in
framing policies which have a territorial impact, both when
these policies are being drawn up and when their results are
being evaluated;

— effectively investigate the implementation of the subsidi-
arity principle by the many levels of players and decision-
makers in Europe;

— effectively ascertain that the subsidiarity and proximity
principles are being applied properly, in particular when
legislative proposals with a territorial impact are being
discussed;

2.10.
‘play a more proactive role in examining policy’, so as to:

to this end wishes to have the means enabling it to

— be able to bring an action before the Court of Justice

when these principles are not respected.

— improve its ability to provide the most appropriate

possible opinions;

The construction of a genuine European citizenship

— place the expertise of its members at the disposal of the

other institutions;

The Committee of the Regions

— assess the impact of European policies at local and
their
regional
implementation and their financial implications for the
budgets of local and regional authorities;

level and better evaluate the cost of

2.13.
reasserts its firm conviction that successful integration
of the various forms of territorial organisation in the Member
States hinges on local democracy taking root and public action
being closer to citizens;

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2.14.
intends to fully assume its role as a link with and
mouthpiece for local and regional authorities so as to ensure
respect for the traditions and specific features of their regions
and help to reduce the current democratic deficit;

— helping to inform citizens;

— facilitating their participation in decision-making;

— developing participatory democracy;

considers that it must be able to make a specific
2.15.
contribution to the construction of a genuine European
citizenship by:

2.16.
calls on the next intergovernmental conference to
grant it the necessary powers and responsibilities and declares
that it is ready to exercise them to help improve European
governance.

Brussels, 2 July 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 and the European Parliament: “A strategy for the sustainable development of European
aquaculture”’

(2003/C 256/05)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the Council and the European Parliament:
A strategy for the sustainable development of European aquaculture (COM(2002) 511 final);

having regard to the decision taken by the Commission on 22 October 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 taken by its President on 23 September 2002 to instruct the Commission
for Sustainable Development to draw up an opinion on this subject;

having regard to the Communication from the Commission: A European Union Strategy for Sustainable
Development (COM(2001) 264) final;

having regard to the document of the Sub-Committee on Aquaculture of the FAO’s Committee on
Fisheries following its meeting in Beijing, China on 18-22 April 2002;

having regard to its Opinion of 14 November 2001 on the Green Paper on the future of the Common
Fisheries Policy (COM(2001) 135 final) — CdR 153/2001 fin (1);

having regard to its Opinion on the Proposal for a Council Regulation (EC) on the common organisation
of the markets in fishery and aquaculture products (COM(1999) 55 final — 1999/0047 (CNS)) — CdR
182/1999 fin (2);

having regard to its Opinion on:

— the Communication from the Commission on the reform of the Common Fisheries Policy

(‘Roadmap’) (COM(2002) 181 final — 2002/2174 (COS)) — CdR 189/2002 fin (3),

(1) OJ C 107 of 3.5.2002, p. 44.
(2) OJ C 374 of 23.12.1999, p. 71.
(3) OJ C 128 of 29.5.2003, p. 6.