House of Lords - European Union

Select Committee on European Union Written Evidence

Memorandum by the Committee of the Regions (Unit 3—Networks and Subsidiarity, Directorate for Consultative Work)

THE ROLE OF THE COMMITTEE OF THE REGIONS IN THE INITIATION OF LEGISLATION

As defined in Article 7 of the Treaty establishing the European Community, the Committee of the Regions (CoR) is a political body of the European Union with advisory status. Its main mission is therefore to assist the Commission, the Council and the European Parliament in the preparation of Community legislation and policies by adopting opinions which provide the other institutions with the regional and local point of view on the matters addressed. Accordingly, the Committee of the Regions does not formally have the power to initiate the legislative process in the European Union.

However, throughout the diverse phases of its activity, the CoR has at its disposal several instruments through which it can exercise an influence in determining the initiation of EU legislation and/or specific aspects of EU legislation.

Some such instruments, whereby the Committee of the Regions can provide input at an early stage in the legislative process, are the following:

— In the framework of inter-institutional cooperation and as established by the Protocol governing arrangements for cooperation between the European Commission and the Committee of the Regions (R/CdR 86/2007 item 3a), the CoR has regular contacts with the European Commission, through which common priorities can be identified. In particular:

1. After the adoption of the European Commission's Annual Policy Strategy (normally in Spring) but before the establishment of its Annual Work Programme (normally in Autumn), meetings at administrative level between the Committee of the Regions and the European Commission take place. These meetings provide a fruitful occasion to exchange views on the issues at stake and priorities identified.

2. On the basis of the Commission's Annual Work Programme, the Commission's Vice-President responsible for relations with the Committee of the Regions forwards to the CoR a list of proposals for mandatory consultation, along with proposals for possible optional consultation. This list also includes documents of a non-legislative nature such as Communications, White Papers and Green Papers, on which the Commission intends to request the Committee's opinion.

3. In the Communication from the European Commission on Dialogue with associations of regional and local authorities on the formulation of European Union policy [COM (2003) 811], the Committee of the Regions was asked to organise Structured Dialogue meetings between the European Commission and the associations of local and regional authorities. Within this framework, an annual general Structured Dialogue meeting is held usually against the backdrop of a plenary session of the Committee and is attended by the President of the European Commission or its Vice-President responsible for relations with the Committee. Such a Structured Dialogue meeting aims to examine the work programme of the Commission and also serves as a venue for the exchange of views on topics particularly relevant under a local and regional perspective. Other, more specific, structured dialogue sessions can be held, in agreement with the European Commission, generally coinciding with meetings of the relevant CoR commissions.

In addition, discussions are currently being held on the possibility of organising a meeting with the associations ahead of the publication of the Commission work programme, in order to make them aware of the upcoming issues well in advance and to set the ground work for a constructive debate with the European Commission.

4. In the context of its Annual Work Programme, the Commission can also ask the CoR, after action has been taken, to take part in studies examining the impact ex post of certain Directives on local and regional authorities.[1] Furthermore, discussions are currently being held on the involvement of the CoR in ex ante impact assessments, carried out by the European Commission before a legislative proposal is issued. Views expressed in such way by the local and regional authorities concerned can prove to be influential in determining whether a relevant proposal is eventually put forward, as well as in shaping its content.

— Within the framework of its main consultative activity,[2] the CoR expresses its views through its opinions at an early stage of the decision-making process, and namely in the pre-legislative phase, so as to provide its input on a particular topic on which legislation can be initiated. In its opinions on Commission legislative proposals the CoR has made a number of suggestions for modifying legislation which often, also thanks to the intensive follow-up given by the CoR to its opinions, have been taken into consideration by the EU (co-)legislator(s) in the final legislative acts, thus resulting in concrete legislative measures. The CoR is intensifying its contacts with the European Parliament (EP), which is co-legislator in the majority of areas, with the effect that its recommendations are often acknowledged by the EP. Intensified cooperation includes mutual invitations to the CoR/EP rapporteurs to attend CoR Commission/ EP Committee meetings, joint events, etc.

In particular, the CoR has the following instruments at its disposal:

1. Opinions on pre-legislative documents, such as Communications, White Papers and Green Papers. By offering its opinion at the early stage of the legislative process, the Committee of the Regions can influence the content of subsequent legislation.

2. Outlook opinions. The European Commission can ask the CoR to issue "outlook opinions" on future community policies. Such opinions are issued before action is taken at the Community level (ie before the Commission comes up with a concrete policy or legislative proposal) and concern topics exhibiting a particularly important local or regional dimension, where the Committee has appropriate information resources at its disposal. Such opinions are accompanied by a specific mandate, appropriate deadlines and a coherent framework of actions to be drawn up by mutual agreement.[3]

3. Own-initiative opinions. Own-initiative opinions can be adopted on matters of particular significance under a regional and local perspective, in line with the political priorities of the Committee of the Regions. According to the Committee of the Regions' Rules of Procedures,[4] applications for own-initiative opinions or reports may be submitted to the Bureau by three of its members, by a commission via its chairman or by 32 members of the Committee. The Bureau shall decide on applications for own-initiative opinions or reports by a majority of three quarters of the votes cast.

4. Resolutions. Normally at the end of each year the CoR adopts a resolution stating its political priorities for the following year, in line with the adoption of the European Commission Annual Work Programme. More in general, resolutions can be adopted by the CoR on matters referring to the EU activities, which are of topical interest and deal with important concerns of local and regional authorities.[5] Therefore, they represent an instrument by which the Committee can flesh out relevant themes and contribute to shaping the debate at the EU level. A recent example is constituted by the recent CoR political resolution on the "Strategy for Growth and Jobs- Handling the Lisbon paradox", adopted on the 7th of February, in which it regretted the existence of what is identified as the "Lisbon paradox": cities and regions throughout the EU see the Lisbon goals as their highest political priorities and act accordingly, but a majority of them do not feel that the tools made available under the Lisbon Strategy are helpful in pursuing those goals. In addition, the resolution recalled that increased ownership of the growth and jobs agenda "can be achieved only if different levels of government work together to meet the task". Such conclusions were shared by the Resolution of the European Parliament of 20 February 2008. The European Parliament resolution, together with the European Commission Strategic Report of December 2007, also stressed the monitoring role of the Committee of the Regions in this field. These points were echoed by the Spring European Council held on 13 and 14 March 2008, which, in its Conclusions, "recognises the role of the local and regional level in delivering growth and jobs; increased ownership of the growth and jobs agenda at all levels of government will lead to more coherent and effective policymaking". It has to be mentioned that, in this specific case, the CoR resolution followed a request made by the Spring Council itself in 2006 for a CoR report on local/regional issues linked to the Lisbon Strategy.

— In the framework of the additional CoR activities, the following elements can also be regarded as potentially leading to the generation of ideas, which could provide input as regards the future initiation of legislation:

1. Studies carried out by the CoR on particularly relevant subjects under a local and regional perspective. The research programme of the CoR, which is established annually by the Bureau, foresees that CoR members can submit, via their commission, specific propositions on studies to be conducted on a theme of interest for the CoR. The final selection of the subjects, on which a study will be carried out, is made by the Bureau. The selected studies are carried by an external contractor through a public tender. A concrete example in this regard is the CoR 2001 study on Trans-European cooperation between Territorial Authorities (see below section A par 1).

2. Formal/informal meetings and events organised by the CoR as a political forum to call for EU legislation, which then later have been reflected in an EU Commission Proposal or EP/Council call for a Commission legislative proposal. One of the fundamental principles which govern the consultative activity of the Committee is that of proximity, under which all tiers of government must aim to be "close to the public", in particular by organising their work in a transparent way, so that the public can easily identify those responsible and know how to make their voices heard. In this regard, the CoR has the objective of bringing the contribution of local and regional authorities to all phases of the decision-making process, including therefore initiation of EU legislation.

EVIDENCE

A. RECENT EXAMPLES OF THE COR IMPACT ON THE INITIATION OF LEGISLATION INCLUDE:

1. EGTC (European Grouping of Territorial Cooperation)

The CoR has a specific consultative role in the area of cross-border cooperation (Article 265 of the EC Treaty). Within this remit the Committee of the Regions has been one of the main political promoters of Territorial Cooperation and of the EGTC.

During the last few years the CoR has contributed to the development of the proposed EGTC regulation by the use of different means:

In 2001

the study "Trans-European cooperation between territorial authorities"

In 2002

an own-initiative opinion

recommending that the European Commission "take the initiative in formulating framework legislation

in the form of a framework regulation

In July 2004

proposed a Regulation

In November 2004, the CoR adopted its opinion

2005

— In February 2006 the CoR adopted a Political Resolution, backed by the Council Presidency, asking for the prompt adoption of the Regulation.

In July 2006, the Regulation was published in the Official Journal of the European Union

As requested by the CoR opinion, the scope of the EGTC Regulation, as adopted, was enlarged to cover not only cross-border cooperation but also transnational and interregional cooperation. Furthermore a specific role has been reserved for the CoR in Article 5 of the Regulation, according to which the members of an EGTC shall inform the Member States concerned and the CoR of the convention and the registration and/or publication of the statutes. A database as register on EGTC has accordingly been put in place at the CoR.

2. European Capital of Culture 2007 to 2019

The CoR opinion on the Culture 2007 programme[7] called for European Community funding for the European Capital of Culture (ECOC) to be increased in view of the fact that there are likely to be two European Capitals of Culture each year from 2009 reflecting the recent enlargement of the EU. Increased support was requested to help the city authorities and cultural operators to work with partners in other Member States promoting transnational mobility and inter-cultural dialogue. In its Proposal for a Decision of the European Parliament and of the Council establishing a Community action for the European Capital of Culture event for the years 2007 to 2019 [COM (2005) 209 fin] the European Commission added an additional point in the outline of its proposal: "D) European dimension—selection criteria: The ECOC programme of activities should include events/actions which highlight the European dimension and offer European added value. The following aspects should be emphasised: -a European dimension, which should foster multilateral cooperation between cultural operators at all levels, highlight the richness of cultural diversity and bring the common aspects of European cultures to the fore".

3. CoR opinion on the "2006 Enlargement package—candidate countries"[8]

The CoR called on the European Commission to take the necessary steps in order to provide a legal basis enabling the setting-up of a Joint Consultative Committee between the Committee and the former Yugoslav Republic of Macedonia. Following the adoption of the opinion, the Commission supported the creation of this JCC. The Stabilisation and Association Council endorsed this decision in a joint statement adopted in its meeting in July 2007.

4. CoR opinion on the European Institute of Technology (EIT)[9]

In view of the inter-institutional timing, a specific approach was chosen for the drafting process of the CoR opinion, with the CoR draft opinion reflecting on a first consultative document of the European Commission and with amendments tabled at the CoR plenary session that took account of the EIT legislative proposal that had been in the meantime adopted by the European Commission. This innovative strategy enabled the CoR to build up close contacts with the European Commission, influencing the text from an early stage and getting its views across already during the drafting process of the legislative proposal thereby effectively influencing the decision-making process.

5. CoR Opinion on the "Annual Report of the Six European TEN-T Coordinators" and "Trans-European Networks: towards an integrated approach extension of the major Trans-European Transport Axes"[10]

The European Commission will adopt on 17 June 2008 a proposal for a Directive amending Directive 1999/62/EC on the charging of heavy goods vehicles for the use of certain infrastructures. This will be in line with the CoR recommendation to progress towards the internalisation of external costs (cf points 19 and 20 of the opinion). In points 19 and 20 of the opinion, the CoR considers that "a medium-term review of the Eurovignette directive seems necessary in order to factor in external costs;" and "notes that the completion of the thirty priority axes will slow the rise in transport-related CO2 emissions by just 4 per cent, a very modest result, and would therefore like to see appropriate consideration being given to external costs during a review of the Eurovignette directive so that measures can be taken to encourage modal shift- specifically but not exclusively in sensitive regions and areas, for which more direct, more targeted measures should also be planned".

6. CoR Opinion on the "Mid-term Review of the European Commission's 2001 Transport White Paper"[11]

In this opinion, the CoR considered it "particularly necessary to harmonise the conditions governing the rail and land transport sectors, as outlined in the 2001 White Paper" (point 2.3 of the opinion).

In May 2007 the European Commission adopted a proposal for a Recast of Directives 96/26/EC and 98/76/EC on the conditions on admission to the occupation of road haulage and road passenger transport operators [COM(2007)263 accompanied by SEC(2007)635-636] This proposal seeks to strengthen, clarify and simplify application of three qualitative criteria of good repute, financial standing and professional competence, by which operators gain admission to the occupation. The objective of this recast initiative is to ensure harmonised application of rules, clear understanding of what is required, maintain mutual recognition of qualifications, protect the right of establishment, rationalise the market, improve service quality and road safety.

7. CoR opinion on Regions for Economic Change[12]

The European Commission launched in 2006 an initiative on "Regions for Economic Change", a non-legislative proposal aimed at identifying and labelling best practice in regions on implementation of the Lisbon and Gothenburg agendas. The CoR was asked to give an opinion on this initiative. The strong mobilisation of the CoR and in particular of the rapporteur resulted in convincing the European Commission to move in the direction suggested by the CoR, thus ensuring more transparency in the decision-making process, guaranteeing a return to the bottom-up governance structure, ie an approach based to a greater extent on the local and regional authorities and ensuring CoR involvement in the INTERREG IV and URBACT II follow-up committees, with a consultative role.

As requested by the CoR opinion, the Regions for Economic Change initiative has been incorporated in the INTERREG IVC programme, in accordance with operational standards for cooperation programmes financed under the Structural Funds.

8. CoR opinion on the Communication on "A European Agenda for Culture in a Globalising World"[13]

The CoR confirmed the importance of the Citizens for Europe programme and its impact on regional and local cultural development, and called for this programme to be broadened. So far the programme has not been broadened but as it runs until 2013, developments are to come later. The CoR called upon the European Commission, without prejudice to the principle of subsidiarity, to take steps to implement the UNESCO Convention on the Protection and Promotion of the Diversity of Cultural Expressions, which entered into force in March 2007. The European Commission is currently working on the implementation of the agreement.

9. "Regions of Knowledge" action in the 7th Research Framework Programme

The CoR has in the past strongly supported the European Parliament's launch of the "Regions of Knowledge" initiative, which was in it initial stages funded outside the Framework Programme. Also as part of the CoR's consultative work and political support, the "Regions of Knowledge" initiative has now become an integral part of the 7th Research Framework Programme.

B. RECENT EXAMPLES ON THE COR IMPACT ON THE MODIFICATION OF EU LEGISLATIVE PROPOSALS' CONTENT, WHICH HAS RESULTED IN THE INITIATION OF FURTHER CONCRETE LEGISLATIVE MEASURES, INCLUDE:

1. CoR opinion on the European Institute of Technology (EIT)[14]

In line with the Committee of the Regions' recommendation to abolish EIT degrees in favour of EIT "branded" degrees, the Regulation establishing the EIT[15] now stipulates that "the degrees and diplomas awarded through the knowledge and innovation communities (KICs) should be awarded by participating higher education institutions, which should be encouraged to label them also as EIT degrees and diplomas". Some of the modifications the Committee of the Regions suggested to the selection of KICs were successfully incorporated into the final regulation establishing the EIT: the selection criteria for the KICs now include a reference to the involvement and creation of SMEs [Article 7 (2f)] as well as the "capacity to ensure sustainable and long-term self-supporting financing including a substantial and increasing contribution from the private sector, industry and services" [Article 7(2c)]. The Committee of the Regions' call for a specific reference to "the strength of the partnership including its engagement with its regional and local authorities and bodies" is now partly reflected by the additional criterion of "the participation in the partnership of organisations active in the knowledge triangle of higher education, research and innovation" [Article 7 (2d)].

2. CoR opinion on the Regulation of the European Parliament and of the Council establishing the European Globalisation Adjustment Fund[16]

The CoR argued in favour of less restrictive intervention criteria for the Fund, in order to address the needs of small labour markets and also to define "exceptional and duly justified circumstances" This is reflected in the final regulation.

3. CoR opinion on the Proposal for a Directive amending Directive 97/67/EC concerning the full accomplishment of the internal market of Community postal services[17]

The CoR argued for a full liberalisation of Community postal services, but insisted that such liberalisation should commence on 31 December 2010 instead of 1 January 2009. Furthermore, the CoR also argued that all companies providing postal services, and not just the universal provider, should be obliged to make available transparent, simple and inexpensive procedures for dealing with postal users' complaints. This is reflected in the final regulation.

4. CoR opinion on the Proposal for an Audiovisual Media Services Directive[18]

In line with the CoR opinion, the Directive includes in comparison with the initial proposal by the European Commission: (a) a clear identification of product placement also at the end and during the programme; (b) a greater liberalisation of quantitative rules on advertising—while limiting advertisements during certain programmes, being however more flexible on this than the restrictions suggested by the CoR; (c) a prohibition of surreptitious advertising and also of on-demand audiovisual media services; (d) respect for human dignity as a further requirement for audiovisual commercial communication.

16 June 2008