Opinion of the Committee of the Regions on "The role of the European Union's local and regional authorities in the democratic consolidation process in the Western Balkans"
Date: 2003-11-19
Institutions: Committee on External Economic Relations, European Committee of the Regions
Subjects: EU aid, Western Balkans, cooperation policy, cross-border cooperation, democracy

23.3.2004

EN

Official Journal of the European Union

C 73/1

II

(Preparatory Acts)

COMMITTEE OF THE REGIONS

Opinion of the Committee of the Regions on ‘The role of the European Union’s local and regional
authorities in the democratic consolidation process in the Western Balkans’

(2004/C 73/01)

THE COMMITTEE OF THE REGIONS,

having regard to the decision of its Bureau of 8 April 2003, under the fifth paragraph of Article 265 of
the Treaty establishing the European Communities, to instruct the Commission for External Relations to
draw up an opinion on the role of the European Union’s local and regional authorities in the democratic
consolidation process in the Western Balkans;

having regard to its resolution of 13 February 2003 on the European Commission’s work programme
and the Committee of the Regions’ priorities for 2003 (CdR 6/2003 fin (1));

having regard to its political priorities for 2002-2006, in which it welcomes the enlargement of the
European Union as a unique event which will ensure peace and stability as well as strengthening the
common integration process throughout Europe;

having regard to the Greek Presidency’s priorities for the Western Balkans, set out in its work programme
of 13 January 2003;

having regard to the conclusions of the spring Brussels European Council of 20 and 21 March 2003
regarding the Union’s approach to the Western Balkans, in which it stresses that ‘the future of the Western
Balkans is within the EU. Strong political will and sustained efforts are required to secure it. The European
Union pledges full support to the endeavours of the countries to consolidate democracy, stability and to
promote economic development’;

having regard to the conclusions of the Copenhagen European Council of 12 and 13 December 2002 in
which the Council underlines its determination to support the efforts of the countries of the Western
Balkans to move closer to the EU;

having regard to the Feira European Council of 19 and 20 June 2000, recognising the countries involved
in the stabilisation and association process as potential candidates for EU membership;

(1) OJ C 128, 29.5.2003, p. 53.

C 73/2

EN

Official Journal of the European Union

23.3.2004

having regard to the conclusions of the Lisbon European Council of 23 and 24 March 2000, confirming
that the Union’s overall objective remains the fullest possible integration of the countries of the Balkan
region into the political and economic mainstream of Europe, and that the stabilisation and association
process is the centrepiece of its policy in the Balkans;

having regard to the conclusions of the General Affairs Council of May 1999 affirming the readiness of
the European Union to draw the countries of South-East Europe closer to the prospect of full integration
into its structures;

having regard to the Communication from the Commission to the European Parliament and the Council
on the Annual Policy Strategy for 2004, adopted on 5 March 2003 and presented to the European
Parliament in Strasbourg by President Prodi on 12 March, which states that ‘the Union will consolidate
the Stabilisation and Association process for the Western Balkans, which may be designated as potential
future members when conditions are ripe’;

having regard to the Report from the Commission of 3 April 2003 on the Stabilisation and Association
process for South East Europe — First Annual Report (COM(2000) 163 final);

having regard to the Communication from the Commission to the Council and the European Parliament
of 26 May 1999 on the stabilisation and accession process for countries of South-Eastern Europe —
Bosnia and Herzegovina, Croatia, Federal Republic of Yugoslavia, former Yugoslav Republic of Macedonia
and Albania (COM(1999) 235 final);

having regard to Regulation (EC) No 2666/2000 (Cards Programme) of 5 December 2000 on assistance
for Albania, Bosnia-Herzegovina, Croatia, the Federal Republic of Yugoslavia and the Former Yugoslav
Republic of Macedonia;

having regard to Articles 4 and 7 of Decision 1999/468/EC concerning the procedures for amending the
multiannual indicative programmes and annual action programmes under Regulation (EC) No 2666/
2000 (Cards Programme);

having regard to its draft opinion (CdR 101/2003 rev. 2) adopted on 18 July 2003 by the Commission
for External Relations (rapporteur: Mr Giancarlo Galan, President of the Veneto Region (IT-EPP));

whereas

1.

2.

3.

4.

in 1999 the European Union adopted a long-term approach to the development of the countries in
the region, the stabilisation and association process (SAP), to support the transition to democracy
under way in these countries following the decades-long absence of democracy, aggravated by the
lengthy conflicts of the 1990s;

in accordance with the political desire to play an increasingly effective international role in foreign
policy, it is a prime EU objective to bring stability to the Balkans and to put an end to the tensions
that have thrown the region into turmoil in recent decades;

in the context of further developing the European Union’s regional approach towards South-Eastern
Europe, the Commission Communication of 26 May 1999 (COM(1999) 235 final) calls for greater
support
trade and political dialogue, and the
consolidation of democracy, the rule of law, economic development and regional cooperation;

for democratisation and the development of

the stabilisation and association process requires continued commitment on the part of both the
European Union and the countries of the Western Balkans to maintain a steady course towards and
make the necessary preparations for full integration of the countries of the region into the EU, as
recognised in the Commission’s first annual report of 3 April 2002 (COM(2002) 163 final);

23.3.2004

EN

Official Journal of the European Union

C 73/3

5.

6.

7.

8.

9.

the Communication from the Commission to the Council and the European Parliament on a Wider
Europe — Neighbourhood: A New Framework for Relations with our Eastern and Southern
Neighbours (COM(2003) 104 final) states that ‘the Commission will consider the possibility of
creating a new Neighbourhood Instrument which builds on the positive experiences of promoting
cross-border cooperation within the Phare, Tacis and Interreg programmes. This instrument will
focus on trans-border issues, promoting regional and sub-regional cooperation and sustainable
development on the Eastern border’. The communication also points out that similar considerations
apply to cross-border aspects of the Cards programme in the Western Balkans;

the Greek Presidency’s Working Document of 13 January 2003 emphasises that ‘the Balkans are a
key priority for the Greek Presidency. Following the Copenhagen decisions on enlargement and
considering progress made in the region, but also its fragility, it is important for the EU to keep the
Balkans high on its agenda. The European prospect, eventually leading to EU membership, must be
visible and credible to the peoples of the region’. The same document also states that ‘as the Western
Balkans move from stabilisation and reconstruction to association and self-sustainable development,
and the Union enlarges with 10 new members, a powerful message must be sent to governments
and peoples in the area, reasserting EU support for their European vocation as potential candidates
for membership, assisting them in their efforts, and further clarifying the path they will have to
follow’;

in a letter of 21 January 2003 (prot.D/1029/03 SG (2003) D/228189) addressed to the Italian Prime
Minister, Mr Silvio Berlusconi, and the Greek Prime Minister, Mr Costas Simitis, the President of the
European Commission, Mr Romano Prodi, again emphasised that the stabilisation process in the
Balkan countries with a view to their accession to the European Union, making use of appropriate
instruments, was the European Commission’s priority.
It had marked the six-month Greek
Presidency, and would be a feature of the six-month Italian Presidency;

the assassination of 12 March 2003 of the Serbian Prime Minister, Zoran Djindic, was a sharp
reminder of how much work remains to be done in the Western Balkans and of the urgent need to
step up cooperation at all levels and accelerate the EU accession process for the countries of the
Balkans region;

some encouraging moves, such as the official submission of Croatia’s application for EU membership
in Athens on 21 February 2003, and Serbia and Montenegro’s accession to the Council of Europe
on 3 April 2003, constitute an important step in these countries’ progress towards the European
Union, and merit support;

10.

the European Union’s direct involvement in policing operations in Bosnia-Herzegovina and military
operations in the former Yugoslav Republic of Macedonia, are tangible proof of the Union’s
commitment to this part of Europe;

11.

the spring Brussels European Council of 20 and 21 March 2003 emphasised that ‘the future of the
Western Balkans is within the EU. Strong political will and sustained efforts are required to secure it.
The European Union pledges full support to the endeavours of the countries to consolidate
democracy, stability and to promote economic development’;

12.

the contribution of the EU’s local and regional authorities to the democratisation process in the
region is crucial, as it concerns the human dimension, democracy and civic participation, all sine
qua non for consolidating the stability pact;

C 73/4

EN

Official Journal of the European Union

23.3.2004

13.

14.

15.

in its priorities for 2003, the Committee of the Regions highlighted the need for capacity-building
at regional and local level in the candidate countries, since successful accession will largely depend
on the level of preparation of local and regional authorities. This consideration could be extended to
the Western Balkans and the potential role of the EU’s regional and local authorities in this regard is
crucial and should be highlighted;

the European Union’s adoption of the Interreg IIIA Italy-Western Adriatic, Italy-Albania and Greece-
Albania programmes have channelled substantial financial resources to the Member States for cross-
border cooperation with the Balkan countries, in contrast with the scanty Community resources
allocated to those countries for their cross-border cooperation with the Member States;

in its recent communication (COM(2003) 393 of July 2003) on Paving the way for a new
Neighbourhood Instrument, the Commission has mapped out a clear path for improving Community
policy regarding its new external borders which will result from enlargement in 2004. This entails a
significant increase in cooperation regarding the Balkan region and the Mediterranean. Between
2004 and 2006, existing cooperation instruments, such as Interreg, Phare-CBC, Cards and MEDA
will be better coordinated by creating ‘neighbourhood programmes’ to be launched in 2004. This
approach is the most important step in ensuring effective implementation of joint projects on the
EU’s external borders, with the Commission planning to allocate €955 million for this purpose,

adopted the following opinion at its 52nd plenary session of 19 and 20 November 2003 (meeting of
19 November).

1. The Committee of the Regions’ views

The Committee of the Regions

1.1.
emphasises that the enlargement process does not of
course end when the chapters on the integration phase of an
initial group of applicant states are closed;

recalls the statement of the President of the European
1.2.
Commission, Mr Romano Prodi, to the CoR’s plenary session
of 13 February 2003,
in which he said that the Balkan
countries had been offered a clear European prospect and that
a joint agenda was being prepared to support these countries
in the demanding process of approximation. It is therefore
necessary to set out to participate in the interinstitutional
dialogue in order to ensure that regional and local authorities
can contribute to this agenda;

to

points

and
1.5.
implementing legislation approaching European standards as
good preparation for later integration into the Union;

importance

adopting

the

of

1.6.
emphasises that it is vital to gradually consolidate
relations with the EU and that, depending on progress,
EU membership should be offered via the stabilisation and
association process. This may speed up the efforts of individual
states to create a favourable climate for economic recovery
and political stability safeguarding the values of democracy,
the rule of law and protection of minorities;

1.7.
with regard to the objective of full integration into the
European Union, considers convergence with the Community
acquis to be a primary aim of European programmes, even if
an accession date still cannot be set for these countries;

1.3.
emphasises that with Slovenian and Hungarian EU
membership, the Union’s external borders with the Balkan
countries (land border with Greece and sea borders with Italy)
will be lengthened;

1.8.
emphasises that in order to achieve the objectives set
out above, regional and local authorities must be actively
involved and the instruments provided by the European Union,
such as the Cards and Interreg III programmes must be
improved;

considers it vital to underline support for the stabilis-
1.4.
ation and association process launched by the EU for the
countries of the former Yugoslavia in order to ensure that the
necessary preparations are made for full integration into the
Union;

1.9.
stresses that in countries with different ethnic groups,
greater efforts must be made to find innovative solutions to
promote coexistence and respect for universally recognised
fundamental principles;

23.3.2004

EN

Official Journal of the European Union

C 73/5

points out that basing itself on the principles of the
1.10.
Belgian constitution may help Bosnia-Herzegovina to ensure
its continued existence as a stable, single state;

1.11.
believes that the association and stabilisation agree-
ments drawn up with the Balkan countries need strong
backing from Europe’s regional and local authorities, as the
development of the area must be bolstered by both dialogue
and multilateral and bilateral cooperation;

1.12.
points out that local and regional authorities must
also play an ever greater role in the democratisation process in
the Western Balkans because they will be coexisting and
managing ever closer relations with the countries of the area;

underlines that according to the one of the Union’s
1.13.
main principles — subsidiarity — which allows the most
appropriate level of management to be chosen,
local and
regional authorities play a crucial and unique role in this
context as they can ensure lasting and properly oriented
relations;

1.14.
argues that the EU’s local and regional authorities
have a strategic interest in establishing lasting relations with
their counterparts in the Western Balkans, as it is at sub-
national level that local and regional demands are made, and
priorities and urgent situations requiring a swift response are
identified, which might be handled by Community pro-
grammes;

1.15.
notes the effectiveness of the bottom-up approach in
encouraging the democratisation process. Undermining the
autonomy of regional and local authorities through measures
by central or international administrations flies in the face of
this approach;

1.16.
highlights the importance of developing and consoli-
dating local democracy by means of cross-border cooperation
and of making greater use of Euroregions as a way of securing
peace and development;

considers that the local and regional players in the
1.17.
countries concerned are or will be partners with our own local
and regional authorities and for that reason efforts must begin
as of now to smooth the way for dialogue and cooperation
procedures;

notes the difficulty experienced by the local and
1.18.
regional authorities of these countries in taking the necessary
measures to adapt their administrative structures to European
standards, in order to have a dialogue with sub-national tiers
of government in the EU and to be able to manage the policies
concerned: institution-building measures are consequently a
priority;

1.19.
emphasises that a particular effort must be made to
bolster democracy at regional and local level and to support
the decentralisation process, by building up the direct transfer
of information to sub-national authorities and by boosting
their involvement in decision-making processes.

2. The recommendations of

the Committee of the

Regions

The Committee of the Regions

2.1.
considers that it should be borne in mind that the
situation is very different in each of the five Western Balkan
countries and that the EU should therefore adjust its stabilis-
ation and democratisation instruments to the varying circum-
stances in the region, so as to facilitate an effective stabilisation
and association process;

underlines that support from the EU regional and local
2.2.
authorities for their counterparts in the Balkan countries is
vital if the financial programmes for the area are to be useful
and effective,
if reforms are to be introduced, and if the
stabilisation and EU accession processes are to be speeded up;

is convinced of the crucial need to make greater use of
2.3.
local and regional authorities for
the unique capacity of
dialogue and establishing lasting relations, as
they are
important channels for transferring unique knowledge and
experience, and must be used to create synergies between EU
Member States and countries in the Balkans. Such synergies
lead to bottom-up development and links between the respect-
ive economic and industrial worlds, informal informative links
between sectors that wish to know each other better and to
consolidate and reinforce existing links;

C 73/6

EN

Official Journal of the European Union

23.3.2004

believes that the support instruments for the Stabilis-
2.4.
ation and Association process, such as the Cards programme,
must
include action focusing on developing democracy
through cooperation between sub-national authorities;

recalls that, as highlighted in the above-mentioned
2.5.
Greek Presidency Working Document on the Western Balkans
‘EU assistance to the Western Balkans under the Cards
regulation contributes substantially to the development of the
region. Strengthening the components of the programme
oriented towards integration into the EU structures, including
support to institution building and introducing elements for
structural
interventions to promote economic and social
cohesion, and further supporting regional cooperation, includ-
ing cross-border cooperation, could be options to be con-
sidered’;

2.6.
points out that given the need to step up the involve-
ment of local and regional authorities in cross-border cooper-
ation, strengthen the bottom-up approach, and reinforce their
programming, implementation and monitoring capacities, the
programmes for the Western Balkans (Cards) need to increase
the involvement of these authorities and/or their representa-
tives at Community level, in particular through the Network
of National Associations of Local Authorities of South-East
Europe (Nalas-SEE), in both the programming and implemen-
tation phases;

2.7.
emphasises that with regard to programming, a greater
role could be defined in the early stages of drawing up and
reviewing the six-year plans and identifying annual activities,
and with regard to implementation, through involvement in
the committees;

considers that for this reason, ad hoc instruments need
2.8.
to be created to flesh out the Cards programme, possibly
drawing on successful examples from other Community
programmes for third countries,
including the Phare CBC
programme;

proposes that the Cards Programme be enhanced by
2.10.
including a dedicated Cards-CBC section on the development
of external cross-border cooperation projects (with the Mem-
ber States). This would help fill a considerable gap in this
programme, which does not provide sufficient resources for
developing such projects, particularly given the forthcoming
accession to the EU of two more countries (Slovenia and
Hungary) having external borders, in addition to the existing
ones (Greece and Italy);

2.11.
emphasises that ways must be found to integrate the
new Cards-CBC instrument for cross-border cooperation with
the programme of funding for the Interreg countries, in order
to implement a single project which would be based on
joint programming documents, greatly facilitating cooperation
between the various authorities involved with a view to
effective integration in the Balkans area;

2.12.
encourages intensification of twinning programmes
between local and regional authorities under Cards. This
programme effectively paves the way for specific direct action
in the field, giving the communities the capacity and tools they
need to organise and run their activities autonomously,
enabling activities and competences to be developed locally;

proposes that in the 2004-2006 programming per-
2.13.
iod, at least 20 % of the planned resources for the Cards
Programme for 2004-2006 be earmarked for cross-border
cooperation with the Member States, partly through the
establishment of a dedicated Cards-CBC instrument, in accord-
ance with Article 3 of Regulation (EC) No. 2666/2000 (Cards
Programme), which allows the three-year programmes to
be amended ‘in the light of experience and progress in
implementing stabilisation and association agreements, par-
ticular as regards regional cooperation’;

feels that consideration should be given, for instance,
2.9.
to including a specific programme for cross-border cooper-
ation in the Cards programme, like the one Phare provides for
the countries of Central and Eastern Europe bordering on
Member States (establishing a specific Phare CBC instrument);

2.14.
proposes, also on the basis of Article 3 of Regulation
(EC) No. 2666/2000 (Cards Programme), that at least 5 % of
the Cards Programme resources for 2004-2006 be reserved
in order to provide a
for ‘Cards-twinning’ programmes,
solid financial base for achieving democratisation and rapid
harmonisation of institutional arrangements throughout the
Balkan region, with a view to accelerating the accession to the
European Union of the countries involved;

23.3.2004

EN

Official Journal of the European Union

C 73/7

recommends that the CARDS programme supports
2.15.
the development of local partnerships in the framework of the
Local Democracy Agency programme (LDA); this project,
initiated by the Council of Europe, has since 1993 been
implementing concrete projects in the field of local democracy,

intercultural dialogue and cross-border cooperation, based on
established cooperation between local and regional authorities,
notably of the EU countries and ten cities in the Western
Balkans.

Brussels, 19 November 2003.

The President

of the Committee of the Regions

Albert BORE

Opinion of the Committee of the Regions on the ‘Green Paper on services of general interest’

(2004/C 73/02)

THE COMMITTEE OF THE REGIONS,

having regard to the Green Paper on services of general interest (COM(2003) 270 final);

having regard to the decision of the European Commission of 22 May 2003 to consult it on this subject,
under the first paragraph of Article 265 of the Treaty establishing the European Community;

having regard to the decision of its President of 23 January 2003 to instruct its Commission for Economic
and Social Policy to draw up an opinion on this subject;

having regard to Article 36 of the European Charter of Fundamental Rights concerning access to services
of general economic interest;

having regard to Article 16 of the Treaty establishing the European Community concerning services of
general economic interest, as well as Articles 2, 5, 73, 81, 86, 87, 88 and 295 of the same Treaty;

having regard to Article III-6 of the draft European Constitution;

having regard to its opinion on the Commission’s Communication on Services of General Interest in
Europe (CdR 470/2000 fin) (1);

having regard to its draft opinion (CdR 149/2003 rev.) adopted on 22 September 2003 by the
Commission for Economic and Social Policy (rapporteur: Ms Tove Larsen, Mayor of Rødekro (DK/PES)),

adopted the following opinion at its 52nd plenary session on 19 and 20 November 2003 (session of
20 November).

(1) OJ C 19, 22.1.2002, p. 8.