Official Journal C 374 Volume 42 of the European Communities 23 December 1999

Home , Northern Dimension

ISSN 0378–6986 Official Journal C 374 Volume 42 of the European Communities 23 December 1999

English edition Information and Notices

Notice No Contents Page

I Information

......

II Preparatory Acts

Committee of the Regions

Session of September 1999

1999/C 374/01 Opinion of the Committee of the Regions on the ‘Communication from the Commission on A northern dimension for the policies of the Union’ ...... 1

1999/C 374/02 Opinion of the Committee of the Regions on the ‘Amended proposal for Council Directive on assessment of the effects of certain plans and programmes on the environment’ ...... 9

1999/C 374/03 Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Information and Observation Network’ ...... 10

1999/C 374/04 Opinion of the Committee of the Regions on the ‘Commission report to the European Council “Better lawmaking 1998 — a shared responsibility”’ ...... 11

1999/C 374/05 Opinion of the Committee of the Regions on the ‘Institutional Aspects of Enlargement “Local and Regional Government at the heart of Europe”’ ...... 15

1999/C 374/06 Opinion of the Committee of the Regions on the ‘Implementation of EU law by the regions and local authorities’...... 25

Price: 19,50 EUR EN (Continued overleaf) Notice No Contents (Continued) Page

1999/C 374/07 Opinion of the Committee of the Regions on ‘the Proposal for a European Parliament and Council decision amending Decision No. 1254/96/EC laying down a series of guidelines for trans-European energy networks’ ...... 30

1999/C 374/08 Opinion of the Committee of the Regions on the ‘Communication entitled Moderniz- ing the organization of work — A positive approach to change’ ...... 32

1999/C 374/09 Opinion of the Committee of the Regions on ‘1999 — International Year for Older People’...... 36

1999/C 374/10 Opinion of the Committee of the Regions on the ‘Report from the Commission to the Council, the European Parliament and the Economic and Social Committee Final Annual Report on progress in implementing the Action Plan for the Introduction of Advanced Television Services in Europe’ ...... 41

1999/C 374/11 Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) concerning the financial instrument for the Environment (LIFE)’...... 45

1999/C 374/12 Opinion of the Committee of the Regions on ‘The Proposal for a Council recommendation providing for minimum criteria for environmental inspections in the Member States’ ...... 48

1999/C 374/13 Opinion of the Committee of the Regions on ‘Independent local and regional authority initiatives as instruments of regional policy in a competitive Europe’...... 51

1999/C 374/14 Opinion of the Committee of the Regions on ‘The European Model of Sport’ ...... 56

1999/C 374/15 Opinion of the Committee of the Regions on the ‘Annual Report of the Cohesion Fund — 1997’ ...... 67

1999/C 374/16 Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) on the common organisation of the markets in fishery and aquaculture products’ 71

1999/C 374/17 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 Common Transport Policy: Sustainable Mobility: Perspectives for the Future’ ...... 76

1999/C 374/18 Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic’ 82

1999/C 374/19 Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive on a transparent system of harmonised rules for driving restrictions on heavy goods vehicles involved in international transport on designated roads’...... 85

EN 23.12.1999 EN Official Journal of the European Communities C 374/1

(Preparatory Acts)

COMMITTEE OF THE REGIONS

Opinion of the Committee of the Regions on the ‘Communication from the Commission on A northern dimension for the policies of the Union’

(1999/C 374/01)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission on A northern dimension for the policies of the Union (COM(1998) 589 final);

having regard to the decision taken by the Bureau on 10 March 1999, under the fourth paragraph of Article 198C of the Treaty establishing the European Community, to draw up an Opinion on this subject and to instruct Commission 1 ‘Regional Policy, Structural Funds, Economic and Social Cohesion and Cross-border and Inter-regional Cooperation’ to draw up the relevant opinion;

having regard to the Draft Opinion (CdR 107/99 rev. 1) adopted by Commission 1 on 30 June 1999 (Rapporteurs: Mr Kauppinen (FI/ELDR) and Mr Virtanen (FI/PES);

having regard to the Committee of the Regions Opinion on The northern dimension of the European Union and cross-border cooperation on the border between the European Union and the Russian Federation and in the Barents region (CdR 10/96 fin)(1);

having regard to the Committee of the Regions opinion on Current and future EU policy on the Baltic Sea region with specific reference to local and regional aspects (CdR 141/96 fin)(2);

having regard to the Committee of the Regions opinion on Spatial Planning in Europe (CdR 340/96 fin)(3);

having regard to the Committee of the Regions Opinion on Cross-border and transnational cooperation between local authorities (CdR 145/98 fin)(4);

having regard to the report by DG XVI of 28 July 1997 on the Commission’s first meeting on the Northern Dimension held in Rovaniemi on 18 March 1997;

having regard to the report of the European Parliament on the new strategy for arctic agriculture (1999);

having regard to the draft report of the European Parliament on the Commission Communication on A northern dimension for the policies of the Union,

(1) OJ C 337, 11.11.1996, p. 7. (2) OJ C 42, 10.2.1997, p. 6. (3) OJ C 116, 14.4.1997, p. 1. (4) OJ C 51, 22.2.1999, p. 21. C 374/2 EN Official Journal of the European Communities 23.12.1999

adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 15 September).

General comments both need to be taken into account when it is being developed. A specific issue which relates to the external relations of the northern dimension is how the EU-Russia border region and The Committee of the Regions is pleased to note that in cross-border cooperation should be developed. accordance with the proposals adopted by the Committee at its plenary session on 12 June 1996, the Commission has taken steps to define a European Union action programme on 1.4. Closer links with north-west Russia and greater cooper- the northern dimension. ation with the EU are, however, also extremely important to the EU as a whole, particularly as regards energy, transport, environmental and security policy, as well as the removal of The Finnish government’s initiative of 12 December 1998 and obstacles to trade. the European Council decision relating to it provided a good basis for the proposal by the Committee of the Regions to draw up a definition of the EU’s northern dimension and for 1.5. Besides Malta and Cyprus, the next enlargement of the the northern dimension to be taken into account in the EU’s EU will be to the east and the north, and the Baltic States and policies. the Baltic Sea will fall within this area. The Baltic will become an internal sea of the EU. As the accession of Finland and the other new Member States has given the EU a common border with Russia and many of the CIS states, it has been argued that a Mediterranean-style strategy is also necessary for the north. 1. Introduction: acquiring a northern dimension 1.6. The northern dimension has emerged in many different policy contexts. Because of low population density and climatic 1.1. Finnish and Swedish accession to the European Union factors, the northern dimension already became an issue during meant that the EU acquired a new northern dimension. The Finnish and Swedish membership negotiations. Regional, region is significantly different in terms of climate, location, structural and agricultural policy support has been directed at economic geography and geopolitics from other EU regions. the region on the grounds of its remoteness, severity of Northern regions are characterised by low population density climate, particularly low population density and border coop- and long distances, which also differentiate local and regional eration with Russia. The Agenda 2000 decisions taken in authorities in Nordic countries from those in the rest of spring 1999 guaranteed the continuation of these measures. Europe.

1.7. The role of northern regions overall has grown con- 1.2. In geographical terms the northern dimension siderably during the last decade. By now the cooperation in encompasses regions with difficult conditions. The northern the Baltic Sea region has developed into an outstanding periphery is a long way from the centre of the EU, which example of regional cooperation in Europe, encompassing entails higher costs for operators in the region. For example, nearly all areas of politics, society and the economy. the natural environment and weather conditions are harsh and unproductive. Taken together the above factors mean that the economy and industry in these regions have not reached the same level as in the EU’s wealthiest regions. The participation of these regions in the single market therefore requires special resources and support in the same way as in other less 2. Northern regions and their special conditions developed regions. With regard to EU policy, this raises the question of how the special requirements of the northern dimension should be taken into account in internal policies, as 2.1. The concept of the Northern Dimension covers the well as in external relations. following area: from Iceland in the West across to North-West Russia, from the Norwegian, Barents and Kara Seas in the north to the southern coast of the Baltic Sea. The geographic 1.3. Austrian, Swedish and Finnish accession have had a focus of the Northern Dimension concept is understood to be significant impact on the European Union’s geopolitical pos- on the countries bordering the Baltic Sea and on the North/ ition, as will the upcoming accession. As a result of Finnish West Russian regions, as well as Kaliningrad. membership the European Union now has a 1 300 kilometre long common border region with the Russian Federation. This border region is unique because of the enormous gulf in 2.2. In terms of surface area, Sweden and Finland are standards of living and its cultural significance, as well as the strikingly large Member States, representing 800 000 sq. km natural resources and environmental problems of north-west of the EU’s surface area. The northern regions make up 2,5 % Russia. This region has its strengths and weaknesses, which of agricultural land in use in the EU and 38 % of forests. 23.12.1999 EN Official Journal of the European Communities C 374/3

2.3. The average population density of EU Member States the northern regions of Finland and Sweden provides a is 115 inhabitants per sq. km. Norrbotten and Lapland, the particularly good laboratory for resolving the specific problems northernmost regions of Sweden and Finland, each have a of the north and for developing specialist skills. surface area of about 100 000 sq. km. This region is thus larger than Luxembourg, Belgium, the Netherlands, Denmark and Ireland put together. The average population density of 2.8. Maritime transport in winter is a specialist area in itself. these countries is 184 inhabitants per sq. km, compared to a For example, the majority of Finnish exports are transported figure of just two inhabitants per sq. km in two of the northern by sea. Ensuring regular transport requires the existence and provinces of Sweden and Finland. Low population density use of effective ice-breaking equipment. means that local markets are small and far from their export markets, which restricts economic development. Equally, the costs of maintaining public and basic services for citizens, as well as infrastructure, are inevitably higher than in more 2.9. The regions of the Russian Federation which are densely populated regions. directly adjacent to the EU include St. Petersburg (4,8 million inhabitants), the surrounding Leningrad Oblast (1,7 million inhabitants) and the regions of the Karelian Republic (750 000 inhabitants), as well as the Murmansk Oblast (1,1 million inhabitants). This region effectively includes the Archangel 2.4. At 60o latitude there are about 170 days in the growing region bordering Murmansk (1,6 million inhabitants). In total, season, and in the EU’s northernmost parts there are only 130. about 10 million people live in these north-western Russian The EU’s Arctic and sub-Arctic regions include Finland, the border regions, making up 6,7 % of the entire population of part of Sweden north of Stockholm, parts of Scotland and the Russian Federation. The Kaliningrad region, an enclave on certain parts of the Alps, in which total annual temperatures the Russian Baltic coast between Lithuania and Poland, has a remain as low as 1 300-1 400 degrees centigrade. The climatic further 913 000 inhabitants. difficulties for agriculture in these regions with their short growing and grazing seasons constitute a permanent obstacle to competitiveness, in addition to which their small popu- 2.10. The circumpolar region is divided into the Arctic and lations, remoteness and fragmented agricultural land increase sub-Arctic. Economically diverse groups — according to production costs. The strengths of Arctic agriculture are the estimates, between 600 000 and 800 000 indigenous inhabi- clean environment, special growing conditions, a low level of tants — have lived, and continue to live in this vast region. livestock density, ethically viable and humane treatment of These include hunter-fishermen, hunter-reindeer-herders, and animals, as well as the low use of pesticides and antibiotics. large lake fishermen. The traditional lifestyle of these peoples partly illustrates how people have adapted to natural conditions. For as long as can be remembered, northern indigenous peoples have lived off the land, the sea, the ice and renewable natural resources. 2.5. Finnish and Swedish membership have led to a large increase in the EU’s forestry resources, with the result that the EU is now self-sufficient in wood production. The EU gained a completely new northern coniferous forest belt, a region in which reforestation and sustainable use have been a pillar of both the regional and national economy. These regions are 3. Natural resources and energy networks also home to Western Europe’s last areas of wilderness, the recreational value of which is considerable for Europe as a whole. 3.1. Europe’s northern regions possess significant natural resources with enormous economic potential. These natural resources consist of huge forests, ore, mineral, oil and gas reserves as well as fish stocks. 2.6. The northern natural environment has special characteristics and is highly vulnerable, as well as being rich in natural resources. 3.2. The EU is increasingly dependent on imported energy. By the year 2020 it is estimated that the EU will import over 70 % of the gas which it consumes and over 90 % of its oil. This underlines the need to diversify the EU’s energy production sources and networks. It also increases the strategic 2.7. In northern conditions, the construction of infrastruc- importance of energy sources located in North-West Russia. ture, buildings and technical maintenance networks has to The EU is already the main purchaser of Russian energy and take account of the climate, and this raises costs. Heating costs raw materials. and the problems posed by winter transport are restrictive for individuals as well as companies. Harsh climatic conditions, especially in the northern parts of Sweden and Finland, 3.3. Exploiting North-West Russian natural resources in a have given rise to specialised skills, working methods and sustainable way requires extensive research as well as signifi- technology which might also be of benefit to other regions cant international funding to modernise existing production with difficult climatic conditions. The natural environment of plants and for new investment. C 374/4 EN Official Journal of the European Communities 23.12.1999

3.4. When constructing energy networks, the most 5.4. The work of the Baltic Marine Environment Protection important thing is to create an extensive and comprehensive Commission, Helcom, is also important. All the states round gas network. With the electricity network, the emphasis will the Baltic and the European Commission are involved in these be on the Baltic States and north-west Russia. Energy-saving activities. measures also need to be promoted, as well as the use of alternative local and renewable energy sources. These measures would directly help to improve the local employment situation and to lower costs. 6. Transport networks and spatial planning

6.1. An economic and logistical problem for Europe’s northern region is its remoteness from the core of the EU. It is, 4. Security therefore, extremely important to establish good connections between the transport infrastructure of northern Europe and that of the rest of Europe. In the northernmost part of Europe 4.1. The aim of greater cooperation between northern the problem is one of poor east-west links. Therefore the EU is regions is partly to increase political stability and civil and further developing the concept of TENs (Trans-European military security. Enhanced security is of central concern to Networks). the local population.

6.2. The Barents Euro-Arctic transport region is one of the 4.2. Greater openness and cooperation has also brought an new groups of projects aimed at developing east-west links. increase in crime. The fight against organised crime is The Archangel and Barents corridors are part of this. Another important in the north for citizens as well as business important priority for development is air transport, the lack of cooperation. Drug use is another growing problem in Europe’s which makes it difficult to develop business cooperation in northern regions. particular. The Via Baltica and Pohjola triangle transport region are other important projects in need of development. Another priority for the north is the development of rail transport and improving the operational compatibility of networks. 4.3. The discrepancy in living standards between EU and Russian border regions creates problems in the field of health care and social welfare. Investment in the development of 6.3. The long distances, the location on the periphery, the basic health care in the Russian border regions is of vital central role of sea transport in trade, and the need for fast importance for the people living there and a prerequisite to connections impose special requirements on the northern foster social stability. dimension, and must be taken into account both in the development of the TEN network and in the exploitation of information technology.

5. The environment 6.4. In future, the northern dimension should also be explicitly included in the implementation of the recently completed programme on the guidelines for European spatial 5.1. The northern environment is highly vulnerable. Unfor- development (the European Spatial Development Perspective tunately, in many parts of north-west Russia, the Baltic and — ESDP). This applies to transport and energy networks in the Arctic, the environment is badly polluted. The problems particular. The northern dimension policy should also be used stem from the exploitation of natural resources, agricultural to contribute to the creation of a polycentric, competitive pesticides, transport, and untreated waste. The local population region in this periphery. experiences these problems directly.

5.2. An issue which affects all of the EU is nuclear and 7. Obstacles to trade radiation safety, the main problem being the partly defective safety measures in nuclear power stations. The storage of radioactive waste and used nuclear fuel is also often inad- 7.1. Trade between the EU and Russia is beset by structural equately handled. and technical obstacles, as well as those traditionally encountered in border trade, and those related to crime, education and culture. 5.3. On the positive side, environmental cooperation in the Arctic — the so-called Rovaniemi process — has been happening within the framework of the Arctic Council since 7.2. One of the greatest structural obstacles is obtaining as early as 1990. Environmental questions are also a priority reliable information about economic operators. The risks are, for Baltic and Barents cooperation. therefore, large, and business costs in Russia are high. 23.12.1999 EN Official Journal of the European Communities C 374/5

7.3. There is no legislation in Russia which makes it 9. Existing development instruments possible in practice to sell, buy or invest in land.

9.1. In the regions falling within the concept of the northern 7.4. A key problem in obtaining both short- and long-term dimension many forms of cross-border, transnational and financing in Russia is that no security can be given for credit. interregional cooperation are taking place, with both EU and Uncertain ownership rights and the absence of registered national support. The most important EU programmes are the ownership rights makes it impossible to invest in property. Interreg II programmes aimed at the Baltic Sea region, the The possibility of foreigners obtaining security for loans is, Nordic countries, and the Finnish and Russian border regions, indeed, extremely limited. as well as the Tacis and Phare external cooperation programmes with Russia and the Baltic states.

7.5. Russia’s excessively stringent standards and certification requirements complicate trade. In addition, certification costs can be surprisingly high and exceed prior estimates. 9.2. The EU Member States and, for example, Norway, have bilateral cooperation programmes with Russia and the Baltic states, which provide financial assistance, export credits and technical help. Even the USA has participated in, for example, 7.6. Of the traditional obstacles to border trade, the main development projects in the Barents Sea region. ones are the long duration and high cost of customs clearance, excessive charges and difficulties at border crossings, as well as high and continually fluctuating tariff levels. 9.3. International financial institutions such as the EBRD, the EIB, NEFCO and NIB have also been involved in financing the development of the region.

8. Geographical definition and existing cooperation organisations 9.4. With Swedish and Finnish accession to the EU in 1995, the European Community introduced structural support specifically aimed at solving problems in the EU’s northern 8.1. The concept of the northern dimension has been regions where population density is extremely low (objec- geographically defined as the following: from Iceland in the tive 6). The programmes under this objective play a key role west across to North-West Russia, from the Norwegian, in the development of these regions. According to the new Barents and Kara Seas in the north to the southern coast of the Structural Fund regulations, in addition to the GDP criteria, Baltic Sea. objective 1 regions also include overseas territories and the northernmost, particularly sparsely populated regions, which do not qualify as objective 1 regions on the basis of the GDP 8.2. The main cooperation bodies for these regions are the criteria, but are currently objective 6 regions. intergovernmental Council of Baltic Sea States, the Barents Euro Arctic Council, the Nordic Council of Ministers and the Arctic Council and the Baltic Marine Environment Protection Commission. Another example of bilateral cooperation is 9.5. Agriculture and forestry policy are closely linked to the intergovernmental Finnish-Russian working group on maintaining habitation and business activity in northern developing neighbourly cooperation, in which the border regions. The Commission’s decision has given Finland the provinces are also represented. right to provide long-term national financial support to regions situated north of 62o latitude, as well as to adjacent regions with a similar climate where farming is consequently very 8.3. The main equivalent cooperation bodies at regional difficult. This support will also be necessary in the future in level are the Baltic Sea States Subregional Cooperation, the order to maintain a basic level of production and thereby Baltic Sea Commission, the Barents Regional Council, the support employment, the transportation of agricultural prod- various cooperation bodies of the Baltic Sea region, regional ucts to markets and their processing, and in particular to cooperation bodies working with the Nordic Council of ensure that the environment is protected and the countryside Ministers, such as the Nordic Arctic Council, and the inter- remains inhabited. national Northern Forum organisation of northern regions, as well as the North Sea Commission (NSC). In addition to these bodies, very important roles are played in practical regional 9.6. The EU has adopted a forestry strategy programme cooperation by the committees responsible for monitoring which provides a common basis for ecological forestry and for and managing the Interreg programmes. the exploitation of forests as a resource for rural regions. The Commission supports the development of a pan-European certification process, which is based on the approval of 8.4. In developing the northern dimension, the intention national models. This will enable sustainable development to has not been to establish new forms of cooperation but rather be defined according to country-specific conditions, making it to work within the existing structure. viable for the northern regions, too. C 374/6 EN Official Journal of the European Communities 23.12.1999

10. Developing the role of local and regional authorities 11.3. The northern dimension must be viewed as a broad geographical region, defined as the following: from Iceland in the west across to North-West Russia, from the Norwegian, 10.1. The degree of development and effectiveness of local Barents and Kara Seas in the north to the southern coast of the and regional authorities and the importance of their role in Baltic Sea. international cooperation varies enormously between the countries falling within the northern dimension. In EU Member States, it is true to say that the role played by the local and 11.4. The northern dimension must be viewed as an regional level has traditionally been a large one. integral whole encompassing both external and internal affairs. With regard to internal issues, the special needs of the northern dimension should be reflected in regional, structural and 10.2. In contrast, an important question, for example with agricultural policy, in particular. regard to Russia’s transition to democracy and a market economy, is how Russia will succeed in its efforts to create an effective European-style system of local and regional 11.5. Reports must be drawn up on the use of natural government. resources in Europe’s northern regions, taking into account nature conservation issues, as well as the way in which the regions themselves — their population, including indigenous 10.3. At the end of the day, the practical aspect of peoples as well as the region’s businesses — benefit from this development projects is always regional. As a consequence, use. When megaprojects are being implemented, the local and the implementation of projects always falls to regional players. regional level must be closely involved from the outset. It is, therefore, extremely important to establish operational principles which will enable local and regional government, as well as national organisations, to take part in the operation 11.6. A system must be developed which will enable the and decision-making of the projects. EBRD and EIB to expand their funding to new areas and to take greater risks when financing development projects. 10.4. Within the northern dimension, practical development work is often undertaken in extremely difficult conditions, with the result that the expertise and role of local and 11.7. A comprehensive plan must be drawn up to fight regional authorities is crucial. Above all, ensuring sustainable organised crime in the region. It is important to start development requires the involvement of local and regional implementing the recommendations of the Council of Baltic players. Sea States’ working group on organised crime and money- laundering.

11.8. In developing the Barents Sea transport region, a 11. Conclusions system of logistical centres must be set up to promote the construction of missing links, as well as regular transport services between centres. Priority should be given to building In summary, the Committee of the Regions is of the view that: the necessary road and rail links and improving existing ones between northern Scandinavia and the northern regions of Russia. Efforts must be made to maintain and improve east-west air links as well as to create a safe operational 11.1. As a result of the most recent enlargement, the EU environment for air transport. Effective computerised systems has acquired a northern dimension and a closer relationship must be set up to ensure that goods are moved quickly within with the acceding countries and Russia. Northern Europe has the transport region. The use of the North-East Passage for special features which require special support measures, but at trade must be promoted. the same time the region has important development potential for the EU as a whole. Local and regional representatives in the northern Member States can contribute their significant experiences so as to establish an integrated platform for the 11.9. Ensuring reliable transportation in the northern northern dimension, which is of particular value in exchanges regions in the winter also requires the existence and use of with the applicant countries. effective ice-breaking equipment. To ensure accessibility by sea, it should be possible to finance these additional maritime transport costs from maritime, pilotage and other charges 11.2. On the basis of the Commission communication, it is levied elsewhere. essential to broaden the northern dimension of the EU’s policies in order to exploit the existing potential for development and to solve serious problems which affect the EU as a 11.10. In connection with the further development of the whole. The EU must bring together development measures Trans-European transport network, the Baltic region should linked to cooperation under the northern dimension into a also be included as a pan-European transport area, and the common approach, and improve the effectiveness of existing development of Baltic ports and their hinterland links should instruments. be supported in EU transport policy. 23.12.1999 EN Official Journal of the European Communities C 374/7

11.11. The peripheral nature of northern regions must be 11.19. With regard to the northern dimension area, pro- taken into account in development by permitting a transport vision must be made for the Interreg III B programmes for the support system which subsidises the cost to SMEs of trans- Baltic Sea region and the Barents Sea region. These pro- porting their products. This peripherality is a concept which grammes would consolidate the successful cooperation under- applies to all of the EU’s outermost regions. taken so far in these regions. The role of the regional level in the Interreg III B programmes should be stepped up.

11.12. To ensure air transport in the north it is necessary 11.20. The administration of the Tacis programme should to adopt the principle that not all airports need to be financially be improved and simplified, and its measures should be self-sufficient; rather, their operation can be subsidised on targeted, taking into account the views of the regions them- regional policy grounds by transport levies from elsewhere. selves. The proportion of the Tacis border region programme (Tacis CBC) should be increased, and at the same time more decision-making power should be transferred to the regional 11.13. As far as transport is concerned, it is important for level. EU locations that the accession countries have actually adopted social, safety and other technical requirements (for all modes 11.21. Coordination between Interreg programmes and of transport), as well as the rules on market access and the relevant occupations (particularly as regards road transport) Tacis CBC/Phare CBC needs to be improved. The Tacis CBC by the time they join. This requires placing particular emphasis programme should also be converted into a multiannual programme in line with the new Interreg programmes. If the on sticking consistently to the principle of ‘harmonisation before liberalisation’. This also applies to the principles and Tacis CBC and Phare CBC programmes can be developed and simplified, it would be possible to appoint common practical implementation of charges for use of infrastructure. decision-making bodies for the programmes in question. In this case it would also be appropriate to create a single fund for Interreg and Tacis CBC and Phare CBC programmes. 11.14. To get hold of reliable information about economic actors in Russia, an up-to-date and user-friendly interregional information system should be set up to provide information 11.22. Establishing a free trade zone across the Finnish- on company ownership structure and credit ratings. Russian border could considerably help to promote cultural, economic and environmental cooperation in the common border region between the EU and Russia. The Committee of the Regions feels that the EU should promote the ground work 11.15. Russia must be given help as soon as possible to set for the establishment of a free trade zone and participate in it. up a practical and legally binding system of registering land ownership and real estate, as well as regulations to protect registered rights. 11.23. It is very important for Europe that the northern regions try harder to develop Arctic expertise, research, and technology as a part of common European expertise. This would boost not only the business and environmental develop- 11.16. It is appropriate that new Interreg programmes can ment opportunities of the northern regions, but also Europe’s be approved for regions which already enjoy established global position. cooperation from an earlier programming period (continuity). It is important that the programmes are administered by the regions concerned. The development of new forms of 11.24. In identifying the unexploited natural resources of cooperation is desirable, but diversity in administration and the Arctic regions and making use of the environment in a cooperation should be permitted (flexibility). sustainable way, research must be undertaken to ensure that, with any exploitation that occurs, care is taken to preserve the natural environment, biological diversity and genetic resources, 11.17. The new Interreg Community initiative must put a as well as the rights of indigenous peoples and the vitality of clear emphasis, as in the past, on programmes for cross-border northern cultures. Research on global change must focus on cooperation. The delimitation of the programming regions the reduction of biodiversity, the pollution of the atmosphere could be retained in principle. and soil, and to the strain on the northern natural environment as a result of transport, tourism and industry.

11.18. To help the regional and local authorities in north- 11.25. Research on Arctic communities should pay greater ern Poland, the Baltic Republics and Russia to cooperate with attention to the dynamic of the northern regional structure, as corresponding regions in the area of the northern dimension well as strategies for regional development, the aim being it is necessary to maintain a Baltic Project Facility under the — with regard to every population group — to ensure EU Phare and Tacis programme. Furthermore, to strengthen well-functioning, diverse, viable and healthy communities. The the regional and local authorities in north-western Russia research must provide information on how regional structural — as well as in other parts of Russia — special measures reforms can take place in an ecologically, economically and for ‘institution-building’ should be included in the Tacis socially managed way. The social problems of communities programme. should be identified and solutions developed. C 374/8 EN Official Journal of the European Communities 23.12.1999

11.26. The sustainable use of northern natural resources as fields of activity. Thus, culture in its different forms should an objective of economic and energy policy is important for also be included on the agenda of the northern dimension. all of Europe. Regional tourism and recreation should also be recognised as having clear development potential. 11.29. In the further development of the policy of the northern dimension it is important to offer regions and local authorities and/or their cooperative organisations the 11.27. Another problem for the development of northern opportunity to contribute to the process. This could start at regions relates to the distorted age distribution. Large migration flows are also affecting the current situation. Development the ministerial conference on the northern dimension to be held next November in Helsinki. measures should, therefore, support the improvement of job opportunities for women. The equal opportunities issue is also 11.30. The Commission should consider taking part in the one which by its very nature requires greater respect for the work of organisations which exist to promote the objectives subsidiarity principle in relation to the northern dimension. of the northern dimension.

11.28. Regions within the northern dimension differ from 11.31. To foster the EU approach to the northern dimen- each other in many aspects, not only in terms of social sion it is necessary that the new European Commission development and standard of living but also in terms of establishes an official unit, which also reflects the need for culture. The mutual understanding of cultural diversities also local and regional expertise, to co-ordinate the different EU enhances the possibilities for fruitful cooperation in different policies dealing with this area.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/9

Opinion of the Committee of the Regions on the ‘Amended proposal for Council Directive on assessment of the effects of certain plans and programmes on the environment’

(1999/C 374/02)

THE COMMITTEE OF THE REGIONS,

having regard to the list of Commission proposals pending at 1 May 1999 for which the entry into force of the Treaty of Amsterdam implies a change in the legal base and/or a change in procedure (SEC (1999) 581 final);

having regard to Proposal for a Council Directive on assessment of the effects of certain plans and programmes on the environment (COM(1999) 73 final; 96/0304 (COD) — formerly 96/0304 SYN)(1);

having regard to the decision taken by the Council on 14 July 1999, under the first paragraph of Article 265 and the first paragraph of Article 175 of the Treaty establishing the European Community, to consult the Committee of the Regions on the matter;

having regard to The Decision of its President of 2 August 1999 to appoint Lord Tope (UK), ELDR, as Rapporteur General to draw up an opinion on this subject, in accordance with Rule 39 of the Rules of Procedure of the Committee of the Regions;

having regard to the Committee of the Regions Opinion on the Proposal for a Council Directive on the assessment of the effects of certain plans and programmes on the environment (COM(1996)511 final (CdR 172/97 fin)(2), (Rapporteur: Lord Tope, (UK), ELDR), adopted 20 November 1997,

adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 15 September).

In its Opinion on the Assessment of the effects of certain However, the COR regrets that the new proposal does not take plans and programmes on the environment adopted on into account some important comments made by the COR in 20 November 1997, the COR welcomed the general thrust of its previous opinion. The COR reclaim that the following the proposal put forward by the European Commission. aspects should be included in the proposed directive:

The COR is pleased to note that the European Commission in its amended proposal has taken account of some of the main — The COR recognises that the proposed directive will points emphasised by the COR, for example: impose costs in widely varying degrees upon competent authorities within the Union and calls upon the respective — The COR is pleased to see that the amended proposal Member States to ensure that these costs are fully funded. underlines the importance of sustainable development, which gives the proposal a broader perspective. — The COR notes that EU plans and programmes prepared, — The COR welcomes the new, less restrictive, writing of for example, under the Structural Funds are not covered Article 2. by the proposed directive. Although the Structural Fund guidelines do contain environmental criteria, these are not (1) OJ C 83, 25.3.1999, p. 13. as rigorous as full environmental assessment and there is (2) OJ C 129, 25.4.1997, p. 14; OJ C 64, 27.2.1998, p. 63. currently no requirement for public consultation.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/10 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Information and Observation Network’

(1999/C 374/03)

THE COMMITTEE OF THE REGIONS,

having regard to Proposal for a Council Regulation (EC) amending Council Regulation (EEC) No. 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European Information and Observation Network [COM(1997) 489 final — 97/0256 (COD)](1);

having regard to the Decision of its President of 2 August 1999 to appoint Mr Jean Asselborn (L), PES, as Rapporteur General to draw up an opinion on this subject, in accordance with Rule 39 of the Rules of Procedure of the Committee of the Regions;

having regard to the Committee of the Regions Opinion on the proposal for a Council Regulation (EEC) amending Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency and the European environment information and observation network (COM(97) 282 final) (CdR 300/97 fin)(2) (Rapporteur: Jean Asselborn (L), PES), adopted 12 March 1998,

adopted unanimously the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 15 September).

The Committee of the Regions issued an Opinion on the — the regional and local authorities should have priority Commission’s proposal for a Council Regulation (EEC) access to the Agency’s information network and the amending Regulation (EEC) No 1210/90 of 7 May 1990 on EIONET network to be open to local and regional auth- the establishment of the European Environment Agency orities. and the European environment information and observation network, which was adopted 12 March in 1998.

In its previous opinion the Committee of the Regions empha- The Committee of the Regions urges the Commission to take sised that: these comments into consideration for any future amendments of the Regulation. — the Environment Agency has carried out a good work to date, but that it is too early to assign it new tasks;

The Proposal for a Council Regulation (EC) amending Council — the Environment Agency should be open to third countries; Regulation (EEC) No 1210/90 of 7 May 1990 on the establishment of the European Environment Agency, amends only two — the regions should be integrated into the network as the paragraphs of the previous regulation. The paragraphs regard base unit for assessing the state of the environment in financial control and the power of discharge, which are Europe; subjects that the Committee of the Regions did not comment on in its previous opinion. — the Committee of the Regions would like to be involved in the work of the Agency and be represented on its management board; The Committee of the Regions welcomes the proposal that discharge should be granted by the European Parliament on the recommendation of the Management Board of the European (1) OJ C 335, 6.11.1997, p. 16. Environment Agency, in accordance with Article 276 of the (2) OJ C 255, 20.8.1997, p. 9; OJ C 180, 11.6.1998, p. 32. Treaty of Amsterdam. 23.12.1999 EN Official Journal of the European Communities C 374/11

The Committee of the Regions also supports the proposal that should be exercised by the Commission’s Financial Controller, the financial control of the European Environment Agency to secure an independent and uniform system.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER

Opinion of the Committee of the Regions on the ‘Commission report to the European Council “Better lawmaking 1998 — a shared responsibility”’

(1999/C 374/04)

THE COMMITTEE OF THE REGIONS,

having regard to the Treaty establishing the European Community (EC Treaty) and, in particular, Article 5 thereof;

having regard to the Amsterdam Treaty, and in particular, Protocol No 7 on the implementation of the principles of subsidiarity and proportionality and Declaration No 39 on the quality of the drafting of Community legislation;

having regard to the conclusions of the Vienna European Council of 11 and 12 December 1998, which stated that the future ‘Better lawmaking’ reports should be submitted in time to allow an detailed analysis, not least within the Committee of the Regions;

having regard to the Commission’s report to the European Council ‘Better lawmaking 1998 — a shared responsibility’ COM(1998) 715 final;

having regard to the European Parliament resolution on the Commission’s report to the Council ‘Better lawmaking 1997’, adopted on 18 December 1998;

having regard to the decision of its Bureau of 10 March 1999, in accordance with Article 198c para. 4 of the Treaty establishing the European Community, to issue an opinion on this matter and to instruct the Commission for Institutional Affairs to draw up this opinion;

having regard to its opinion of 11 March 1999 on the principle of subsidiarity ‘Developing a genuine culture of subsidiarity. An appeal by the Committee of the Regions’ (CdR 302/98 fin)(1);

having regard to the draft opinion adopted by the Commission for Institutional Affairs on 27 April 1999 (CdR 50/99 rev. 1) (rapporteur: Mercedes Bresso);

whereas the principle of subsidiarity, introduced into the present Article 5 of the EC Treaty by the 1992 Maastricht Treaty, is a dynamic constitutional principle designed to ensure that decisions are taken as close to the citizens of Europe as possible;

(1) OJ C 198, 14.7.1999, p. 73. C 374/12 EN Official Journal of the European Communities 23.12.1999

whereas the principle of subsidiarity, as outlined in the Treaties and in Protocol No 7 to the Amsterdam Treaty, relates to areas that are not the sole responsibility of the Communities and offers guidance on how such areas should be dealt with at Community level, while upholding the existing corpus of Community law and keeping an institutional balance;

whereas compliance with the principle of subsidiarity is currently more important than ever in the drive to establish and confirm fuller European citizenship,

adopted the following opinion unanimously at its 30th plenary session on 15 and 16 September 1999 (meeting of 15 September).

1. Introduction to the public. That responsibility also involves the Member States, which should redouble their efforts to simplify national legislation and to adopt Community directives properly and swiftly. 1.1. In 1995, the scope of the Commission report to the European Council on the application of the principle of subsidiarity, presented every year since 1992, was extended. 1.6. If the work done on better lawmaking is to be taken Now, in a single document, the Commission examines the up across the board, an effort must also be made in the area of efforts made to improve Community legislation, and refers information and PR, using the new technologies to the full. both to the application of the principles of subsidiarity and proportionality, and to the issue of the quality of the drafting of texts and their dissemination. 1.7. All the parties actively involved in the Community’s legislative process should work together to explain who does what in the European Union, so as to help the public 1.2. The Commission considers that with the incorporation understand the value of taking action on a European scale. of the principles of subsidiarity and proportionality into the Support from the public for European integration depends on new Article 5 of the EC Treaty, and the adoption of the the transparency of authority and the ability to pinpoint where associated protocol to the Final Act of the Treaty of Amster- responsibility lies. dam, there are now clear rules regarding their implementation; rules that the Commission is applying in advance of ratification of the protocol.

2. General comments 1.3. During 1998, better lawmaking was a constant concern of the Commission, which believes its efforts have produced tangible results. The overall number of legislative proposals has shrunk and the Commission has used its power of initiative to concentrate on priority policy objectives, by 2.1. An opinion to pave the way ahead consulting the interested parties, partly via white and green papers, and communications, and by drafting provisions in the clearest, simplest and most accessible way possible. 2.1.1. Following the conclusions of the Vienna European Council meeting of 11 and 12 December 1998, where it was agreed that the Commission’s future reports on subsidiarity should be produced in time to allow for detailed discussions, 1.4. Against that backdrop, and following the adoption not least within the Committee of the Regions, the Committee of Protocol No 7 on subsidiarity and proportionality and has had its first opportunity to study the Commission’s annual Declaration No 39 on the quality of the drafting of Community ‘Better lawmaking’ report to the European Council. legislation, both annexed to the Treaty of Amsterdam, political interest in the legislative process has grown substantially. Both the Cardiff European Council meeting in June 1998 and the informal meeting of Heads of State or Government in 2.1.2. The Committee stresses the importance of this Pörtschach in October underlined the central role of subsidiar- opinion, which paves the way ahead and is essentially the ity in the Union ’s democratic credentials. forerunner of the future consultation procedure on the annual subsidiarity report provided for in the Vienna conclusions.

1.5. As reflected in the title to the Commission report, better 2.1.3. Application of the principles of subsidiarity and lawmaking is the joint responsibility of all the Community’s proportionality is now the benchmark for all EU legislation in legislative bodies, and none of them can shirk accountability areas that are not the sole responsibility of the Union. 23.12.1999 EN Official Journal of the European Communities C 374/13

2.1.4. In its own-initiative Opinion of 11 March 1999 on to the fact that the relations between regional and local the principle of subsidiarity, ‘Developing a genuine culture of authorities and the Member States is governed by individual subsidiarity. An appeal by the Committee of the Regions’(1) constitutions. (CdR 302/98 fin) the Committee recalled that, from the start, it has aimed to be the guardian of subsidiarity. The Committee 2.2.5. On the other hand, the treaty provides for decisions has always argued the case for strong but lean and efficient to be taken at the level closest to the public, and that does not European institutions, focused on areas of responsibility that necessarily mean the national level. Subsidiarity has thus been other levels of government, directly accountable to the public, confirmed as the principle of proximity and efficacy. It follows are unable to address effectively. that subsidiarity should apply also to the relationship with local and regional authorities, the implication being that Member States should leave to local and regional authorities 2.1.5. It would therefore make no sense at all if the responsibilities and decisions that the latter are best placed to institution that brings together representatives of local and take. regional authorities, and is the natural champion of subsidiarity, were not consulted on a report about a legislative process inspired by and applied on the basis of subsidiarity. 2.2.6. Time and again, during the revision of the Treaties, the Committee has called for the establishment of legal and political guarantees of the full application of the principle of 2.1.6. The Committee therefore welcomes the elimination subsidiarity. But so far it has gone unheeded, even in the Treaty of this anomaly in the consultation procedure. of Amsterdam.

2.2.7. In the Committee’s view, guarantees encompassing regional and local authorities would guard against the risk of 2.2. The principles of subsidiarity and proportionality Member States using subsidiarity as an excuse for renationalis- ing Community policies. 2.2.1. In the ‘Better lawmaking — a shared responsibility’ report, the Commission describes subsidiarity and pro- 2.2.8. The Committee believes that the principles of prox- portionality as ‘clear and codified principles’. Before explaining imity and efficacy could be reached by redefining the powers what subsidiarity is, it begins by describing what it is not. of the European Union, so that responsibility can be redistrib- uted or shared, not just between the Community and Member States, but also between the other levels. Preference should be 2.2.2. The report states that these are evolutionary prin- given to the level best able to make effective decisions and ciples, and that the Union’s areas of responsibility should not involve ordinary people in European integration. Here it must be set in stone. New dynamism should be injected, i.e. action be remembered that the administrative implementation of should be taken or not taken, reasons for that action or Community law is primarily the task of the Member States, in abstention should be specified, and more detailed information accordance with their constitutional provisions. should be provided on the terms and extent of action. We must examine how powers are allocated to and shared between all parties concerned, in order to guarantee consist- 2.2.3. The Committee agrees with the Commission on the ency and to give subsidiarity a genuinely developing and dynamic nature of subsidiarity, in that the Community’s action proactive dimension. may be expanded or reduced in line with circumstances, always remaining within the limits of the objectives and powers laid down by the Treaties. 2.2.9. The Committee remains convinced that assiduous application of the subsidiarity principle is more important than ever, given the need to establish and assert fuller European In this connection the Committee considers that a debate citizenship. should be launched as soon as possible on the division of responsibilities so as to ensure that scope remains to develop 2.2.10. The Committee reiterates its belief that European the discretionary powers of local and regional authorities in solidarity complements the subsidiarity principle and is a the Member States, and calls for this matter to be addressed at fundamental value of the European Social Model. the next intergovernmental conference.

2.2.4. The Committee believes that the subsidiarity prin- 3. Specific comments ciple is a governing principle of the relationship between the European Union, the Member States and local and regional authorities. The definition contained in Article 5 should there- 3.1. The Committee holds that using one and the same fore apply to relations between the Community, the Member document to address the application of subsidiarity and States and the local and regional authorities, without prejudice proportionality and problems relating to the form of legal instruments diminishes the scope for detailed analysis and discussion of the two issues, which are barely related though equally essential for bringing the European Union closer to the (1) OJ C 198, 14.7.1999, p. 73. general public. C 374/14 EN Official Journal of the European Communities 23.12.1999

3.2. The Committee appreciates the efforts made by the Here the Committee would refer to the opinion on ‘Eurotrain- Commission to comply with the subsidiarity principle, in the ing for Local and Regional Authorities in Europe’(1), in exercise of its legislative and regulatory powers, by with- which it calls on the Commission to establish a programme drawing many proposals and reducing the number of new specifically to ensure that regional and local politicians and proposals. The Commission should therefore concentrate on officials receive further training so as to place them in a the truly European issues assigned to it by the Treaties and position to meet their information obligations. refrain from intervening in fields which are a matter for regional or local authorities and which are clearly better dealt with by levels of government closer to citizens. 3.8. The Committee welcomes the Commission’s reference to fostering broad, open and constructive dialogue with the parties directly affected by Community legislation, but regrets that regional and local government are not referred to in the 3.3. European decisions must be taken in such a way that list of partners, despite the key role that our spheres of the greatest possible scope is left for Member States, regional government play in European life. The Committee believes and local decision-making: the Committee stresses the need to that it and the recognised associations of regional and local limit European legislation as far as possible to framework government should be consulted, as a matter of duty and directives, which, while laying down harmonization objectives, course, on all major issues that affect us and the citizens whom leave the regulatory aspects to lower levels. Harmonisation we represent. that is too precise at a European level may have major repercussions on local authorities both in terms of their powers and their capacity to adapt. 3.9. It is therefore with great interest that the Committee notes the common guidelines for the drafting quality of legislative instruments(2). 3.4. In this respect, the Committee repeats the need to give priority to directives over regulations, thus enabling Member States and local and regional authorities to choose the most appropriate legislative instruments with which to achieve the 3.10. The Committee appreciates the simplification objectives set at European level, on the basis of their respective measures taken since the Edinburgh Council with the SLIM situations. programme and the BEST taskforce, but believes that a further effort is required in conjunction with the Member States, if rapid progress is to be made in this area.

3.5. The Committee points out that it would be a good idea to review the nomenclature of Community acts and introduce 3.11. In many cases codification and consolidation is a hierarchy of rules. This point was also made by the European essential to render Community legislation accessible. The Parliament resolution of 18 December 1998 on the 1997 Committee invites the Commission to speed up this process ‘Better lawmaking’ report. and to do its utmost to conclude the interinstitutional agreement it wants as rapidly as possible.

3.6. The Committee takes the view that, formally, the 3.12. The Committee would stress that the full potential of regions and local authorities are concerned by Community advanced technological equipment must be developed rapidly. legislation by virtue of their dual position as executors of the As the figures in the Commission report show, the highly acts, empowered in some cases to implement legislation, and useful Europa server has reached saturation point owing to the as conduits of information for local authorities lower down massive number of hits, making it almost inaccessible within the ladder and for the public. a reasonable time frame, via the facilities generally available to the public. The same applies to a number of service databases. On the other hand, fees to access these databanks should not exceed production costs. 3.7. The Green Paper on public sector information in the information society reiterates the importance of public access to information and the role of the public sector. Increasingly, local authorities are required to ensure a general access to 3.13. The Committee calls on the Commission to tailor information responding to the public desire to know more these tools to meet the desire of a growing number of people about the European Union; a desire confirmed by Eurobaro- to establish contact with the European Union through its meter surveys. server.

The Committee maintains that the growing role of the regions and local authorities as information channels should be taken (1) CdR 404/98 fin — OJ C 198, 14.7.1999, p. 68. into account in future Commission documents. (2) OJ C 73, 17.3.1999. 23.12.1999 EN Official Journal of the European Communities C 374/15

3.14. It is also essential that EU technological choices nation of publications and information through those chan- comply fully with the rules of free competition and guarantee nels. access to all citizens, regardless of their IT systems. 3.16. The Committee supports the Commission’s emphasis on interinstitutional cooperation for the purposes of improv- 3.15. The Committee reiterates the need to redouble efforts ing lawmaking; but believes that this requires a revision of the to upgrade information networks, working, as is often already Union’s legislative procedures and a clarification of the powers the case, with local authorities, and stepping up the dissemi- of each institution.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER

Opinion of the Committee of the Regions on the ‘Institutional Aspects of Enlargement “Local and Regional Government at the heart of Europe”’

(1999/C 374/05)

THE COMMITTEE OF THE REGIONS,

having regard to the decision taken by its Bureau on 15 July 1998, in accordance with Article 198c(4) of the Treaty establishing the European Community, to issue an opinion on this subject and to instruct the Commission for Institutional Affairs to prepare this opinion;

having regard to the draft opinion (CdR 52/99 rev. 2) adopted by the Commission for Institutional Affairs on 6 July 1999 (rapporteurs: Lord Hanningfield DL and Mrs Louppen-Laurant),

adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 15 September).

1. Introduction crucial role in the ongoing process of European Union development. The forthcoming accession of new Member States will constitute the biggest enlargement round in the history of the Union, The next Intergovernmental Conference must result in a both in terms of the number of new Member States, as well as democratic, decentralized and efficient European Union, with of population increase. institutions well equipped to serve the needs of over 500 million European citizens in the 21st century.

It is generally recognized that the structures that were created With the likelihood of further enlargement of the EU there is four decades ago for an economic Union of six, are no longer clearly scope to review the roles of the various EU institutions, adequate for a Union of fifteen, let alone twenty or more. including that of the COR. Recent events have clearly shown the urgent need for a radical overhaul of the European Union’s institutions and administration, and for more democracy and transparency. 1.1. This opinion reports on the institutional aspects of enlargement with regard to the Committee of the Regions (COR). In addition the ‘fabric’ of the Union of today is much more closely woven than forty years ago. The Union is no longer an association of capitals, but it has also become a Europe of Two principle areas of concern are addressed: regions and municipalities. The establishment of the COR is the ultimate recognition of that. Regions and towns can be — The impact of enlargement on the workings of the COR considered constituent parts of the Union, and they play a directly C 374/16 EN Official Journal of the European Communities 23.12.1999

and 3. The impact of enlargement on the workings of the COR directly — The role and functions of the COR with regard to the other European Union institutions. This section highlights the key internal reforms which the COR would have to address prior to further enlargement of the EU. 1.1.1. The opinion is very much a working document as the process of moving towards an enlarged European Union is evolutionary and the exact detail and timing for enlargement 3.1. Membership of the COR is not known at this point in time. 3.1.1. Under the Maastricht Treaty, the COR was estab- 1.1.2. The COR anticipates that there will be a need for a lished with 189 members, copying the size and structure of further opinion to be issued by the COR once it becomes the Ecosoc. This number was subsequently increased to the clearer when and how the EU will enlarge. current level of 222 members, when the EU increased from 12 to 15 Member States. Further enlargement of the EU might require a further increase in size of the COR. 1.1.3. The Committee of the Regions has a key role to play in promoting the principle of subsidiarity in the European The current size of each of the national delegations is Appendix Union. One.

3.2. The size of the institutions and enlargement 2. The COR and Enlargement — The Current Situation 3.2.1. The Treaty of Amsterdam limits the size of the European Parliament to 700 members. The size of the Com- 2.1. Local and Regional government has long been involved mission is still under debate. with countries outside of the European Union. The COR has also taken a leading role in communicating with local and regional authorities in national states who have expressed an 3.3. Enlargement and the size of the COR interest in joining the EU, through the various EU programmes. The COR considers there are a number of options open to the 2.1.1. The COR has already established a ‘contact group’, COR. to open a dialogue between the COR and local and regional authorities in the CEEC and Cyprus. The COR Bureau set this 3.3.1. Firstly the status quo could prevail and the COR contact group up on the 13 May 1998. This contact group has could remain with 222 members and the numbers of each held a series of meetings and conferences in the various national delegation would be reduced to accommodate the candidate countries and a major conference to report on the new member states. The size of each national delegation would findings of the contact group is to be held in November 1999. then decrease with each subsequent phase of enlargement. 3.3.2. The second option is to allow the COR to increase 2.1.2. In parallel to work being done by the COR, the other with new national delegations being of a similar order in size institutions of the European Union have had a dialogue for to those sizes of delegations as they appear now. The size of some time with the various candidate countries. The individual the national delegations from candidate countries being set in EU Member States have also had contact bilaterally with these the same order as the levels of other delegations (See Appendix countries. Two). This would result in a total of 351 members.

3.3.3. The third option is to consider a radical overhaul of 2.1.3. The COR feels that a further strengthening of the the system and alter it so that delegation size is more closely role of the COR would also be appropriate, as the institutions related to population, as is the case with the European adapt to an enlarged EU. Similarly changes would need to be Parliament. This would result in a total of 206 or 318 members made to the other EU institutions, in order to reflect further (See Appendix Three). changes in roles and relationships, with an enlarged membership and an increasingly integrated European Union. The key 3.3.4. The COR feels that an increase in total size of issue for the COR though, is that the EU should continue to members would ensure new countries joining the EU would place a heavy emphasis on the principle of subsidiarity and have an opportunity to secure adequate representation of both with this should come an increased role for the COR, in the local and regional government members. decision making process as well as how this principle is applied. 3.3.5. The COR would propose that approximate maximum size of the COR should be about 350. This would 2.1.4. On 25 March 1998 the Commission approved allow for reasonable size national delegations allowing for Accession Partnerships for 10 applicant countries from central reasonable representation of both regional and local govern- and eastern Europe. The COR feels that the COR should have ment representatives and for a spread of representation a role to play in these Accession Partnerships with a view to geographically from within Member States. In particular, care developing local and regional democracy in applicant countries must be taken to ensuring such reasonable representation and and strengthening the principle of subsidiarity. spread in the smaller national delegations. 23.12.1999 EN Official Journal of the European Communities C 374/17

3.3.6. The COR has produced two scenarios to show 3.5. Operational and Organisational Issues possible increases in the size of COR based on the anticipated two ‘waves’ of enlargement. This is intended to provide a guide as to how enlargement would affect the overall size of the 3.5.1. There are of course a large number of operational COR (See Appendix Four). issues which would arise following any changes to the COR.

3.5.2. There would be a need to look at internal structures, 3.4. Membership and composition of the COR size and number of Commissions, the size and composition of the Bureau, composition of the staff and other internal 3.4.1. The COR feels that the methods of appointment arrangements. These matters are currently under debate in the to the COR should be re-assessed. Current practices on Commission ‘Rules of Procedure’. appointment to the COR vary considerably across the Member States. In view of the accession of new Member States, the COR feels this important issue would require an in-depth 3.5.3. As the process and timing for the next phase of discussion in order to formulate a position for the next enlargement becomes clearer the COR would recommend that Inter-Governmental Conference. The candidate countries must its Secretariat take steps to ensure that budgetary consequences be involved in this debate. of enlargement are brought to the attention of the Bureau of the COR at the soonest possible occasion. A medium term 3.4.2. The countries which are applying for EU membership planning must be drawn up, taking account of the possible have a wide range of structures and whatever reforms are consequences of the enlargement. made to the COR, these should allow both local and regional authorities to be involved. 3.5.4. Like the other institutions, the COR will have to take a decision on the language question. Currently translation and 3.4.3. The composition of the COR is by definition a interpretation is foreseen for eleven languages. This question derivative of its role and tasks. As the COR is further defining must be investigated in the framework of interinstitutional its role as a political body in the European Union, and as in cooperation, taking regional languages into consideration. the Member States the process of regionalization, decentraliza- tion and increasing autonomy of the local and regional authorities is proceeding, the debate on the membership and 3.5.5. Both at the level of members and of the adminis- composition of the COR must be kept open. The debate must tration the possibility of language courses, exchange pro- take account of the internal organization in the future Member grammes and joint activities, should be considered. These States, and follow closely the debate on institutional changes measures will ensure a smooth accession and allow better in the EU. communication within and between institutions.

3.4.4. The COR opinion for the 1996 Intergovernmental Conference (Rapporteur: Pujol)(1) already demanded an explicit reference to the political mandate and political legitimacy of 4. The COR, its role and identity with regard to the its members, as well as to the fact that they are appointed on other EU institutions the recommendation of the authority they represent. This demand has not been honoured by the IGC. The COR reiterated its call for members to be given a political mandate. This section deals with inter-institutional aspects of the impact of enlargement on the COR. 3.4.5. In the event of further treaty revisions or the creation of a European Union constitution and in the light of any possible moves towards greater harmonisation of the European 4.1.1. The enlargement of the EU would lead to some Union, the COR will have to formulate and clarify its own role significant issues being reconsidered with regard to the way in and position. It would like to closely involve the candidates which the EU works. An enlarged EU would have to consider for EU membership in that debate. a range of issues, including possibly the weighting of votes in the Council, the role of the Commission and its structures and so on. This section focuses on some of the key questions 3.4.6. Any revision of the methods of appointment will regarding the role of the COR amongst the EU institutions. include the equal opportunities aspect.

3.4.7. The rapporteurs propose that, once it becomes 4.1.2. The COR now feels that with the advent of another clearer which country or countries are next to join the EU that cycle of enlargement and the expected reforms of the Union ‘observer’ status be extended to these countries. Observers institutional structures, the role and position of the COR would be granted the right to send a representation to COR should be strengthened and that it should play a more meetings. This would allow them the opportunity to see the influential role in the policy and decision making processes in workings of the COR. the EU. An increasing number of decisions are now taken at sub-national level on a range of policy subjects and local and regional government is growing in importance and influence (1) CdR 136/95 fin — OJ C 100 of 2.4.1996, p. 1. in the EU. This must be reflected in the role of the COR. C 374/18 EN Official Journal of the European Communities 23.12.1999

4.1.3. Looking ahead to the next IGC, the COR would like 6.2. Increased cooperation between the COR and the EU to see moves towards it being allocated a greater role in a institutions is advocated. In the Political Priorities of the COR number of areas. (adopted 18 November 98) intensified contacts at the level of commissions (EP committees), rapporteurs, political groups and national delegations are identified as key instruments to improve cooperation between the institutions. In special cases interinstitutional ad hoc working groups could be considered. 5. Areas of Competency

5.1. The advent of enlargement provides the opportunity for the policy areas which the COR is currently required to be 7. The COR and the other EU institutions consulted upon to be re-thought and re-appraised. The accession of new countries clearly justifies a reinforcement of Although the enlargement is not the sole ground for radical the competencies of the COR in a number of areas of particular reforms of the Union’s structures, it is certainly true that if relevance to the new countries. nothing changes, the existing foundations will collapse under the weight of an enlarged Union. The first cracks are already visible. 5.2. The COR feels that as local and regional government is increasingly playing a role in Community Safety that this should be an area of competence, which should be included at The forthcoming IGC may result in further changes to the way the next IGC. Crime and other community safety are issues in which the European Union works and is structured, which local and regional authorities are becoming increasingly including, the possible creation of a European Union consti- involved and trying to find solutions to community safety is tution. The separation of powers will undoubtedly be a major often something one can achieve by working within local issue in the debate. A new construction for the European communities to find solutions which best fit the problems in union will have to take into account the important role and that particular region or locality. The COR acknowledges, competencies of Europe’s regions and municipalities. In such moreover, that local and regional authorities are becoming a decentralized Europe, the COR will have an important task increasingly involved in a wide range of other issues, such as and relations with other institutions will have to be clearly energy, information, technology and SMEs. defined.

5.3. The broad ‘catch-all’ terms in the Treaty allow the COR to be consulted in new policy areas which arise in the future 8. Conclusions and which are not always easy to define. The enlargement will bring in new, and as yet unforeseen issues and aspects of EU policy, so that this flexibility for the COR to be consulted on a 8.1. Accession to the EU presupposes that the applicant wide range of policies should continue to exist. countries subscribe to the subsidiarity principle. Under these circumstances the COR considers it important to strengthen local and regional democracy in the applicant countries so that the enlarged EU operates as closely as possible to the people. It therefore calls upon the EU, as part of the pre-accession 6. The COR and the EU decision making process strategy, to support any moves in this direction in these countries.

6.1. The EC Treaty sets out the circumstances under which the COR has the right to deliver an opinion on draft EU legislation, between the time it is proposed by the Commission 8.2. Size and when adopted by the Council of Ministers. The Committee of the Regions feel enlargement of the Union requires a further increase in the size of the COR. The COR It would do justice to the ongoing process of regionalization feels an approximate maximum size of 350 members is and decentralisation and to the changing relations between the appropriate, and it will consider various scenarios as to how nation states and local and regional authorities — both in EU to arrive at an adequate representation. and non-EU countries — to reinforce the role of the COR in the EU legislative process.

8.3. Composition In this respect the COR would like to reiterate the demand from the Opinion CdR 136/95 (Rapporteur: Pujol), that the COR be recognized as a full and proper EU institution. In view of the enlargement of the Union and the forthcoming Intergovernmental Conference, the Committee of the Regions feels the principle upon which appointments are made should Furthermore, if the Commission or Council chose not to be re-assessed. A debate on the composition and membership follow the recommendations of the COR, such should be of the COR must involve representatives of the candidate motivated. countries. 23.12.1999 EN Official Journal of the European Communities C 374/19

8.4. The COR reiterates its demands from the Pujol report, 8.8. The COR and the decision making process that a new treaty makes reference to the political mandate and political legitimacy of its members. The Committee of the Regions calls for further strengthening of its role in the process of the development of EU legislation. The areas of policy with which the COR should be involved should also be extended and those with which the COR 8.5. Candidate countries for the first round of accession will currently deals should be made more explicit in Treaty have observer status, allowing them to send a representative to agreements. The possibility to be consulted in other areas COR meetings. should remain. 8.9. The Committee of the Regions reiterates the recommendation from the Pujol report, that the COR should be 8.6. New methods of nomination will take account of the recognized as an institution. Furthermore, the Commission equal opportunities aspect. and Council should be required to explain their reasons for not following the recommendations of the COR, if and when they choose not to do so.

8.10. The position of the COR in the EU institutional framework 8.7. Operational and organisational issues The COR intends to step up cooperation with the other EU institutions and to do so particularly in the run-up to A medium term strategy on budgetary and organization enlargement and the Intergovernmental Conference. One aspects must be developed as soon as possible. practical way to do this would be to develop joint committees with the European Parliament and the rapporteurs suggest the COR secretariat take steps to arrange for such meetings to begin taking place as soon as possible. Furthermore, the COR It will include: will continue to further define and emphasise its own role and position, in particular with regard to possible further European — size and composition of the COR organs (Bureau, com- integration. missions, etc.) 8.11. The Committee of the Regions must continue and expand its assistance to the countries that are attempting to — budgetary consequences join the European Union. The COR should provide support, assistance and information, working alongside the other EU institutions. The local and regional authorities in the candidate — preparatory activities, such as language courses countries must be fully involved in the enlargement process from the very beginning. For this purpose, joint committees should be set up where local and regional authority issues can — translation and interpretation. be discussed.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/20 EN Official Journal of the European Communities 23.12.1999

APPENDIX I

to the Opinion of the Committee of the Regions

This appendix shows the current size of delegations

Current size of national delegations at the COR

Country Number of Members in National Delegation

Austria 12

Belgium 12 Denmark 9

Finland 9 France 24

Germany 24 Greece 12

Ireland 9 Italy 24

Luxembourg 6 Netherlands 12

Portugal 12 Spain 21

Sweden 12 United Kingdom 24

Total size of the COR at present is 222 members 23.12.1999 EN Official Journal of the European Communities C 374/21

APPENDIX II

to the Opinion of the Committee of the Regions

Candidate countries’ delegation sizes based on similar size delegations under current provisions.

Country Populations — July 1998 Estimates

Country Population Likely COR Delegation Size

Poland 38 606 922 21 Hungary 10 208 127 12

Czech Republic 10 286 470 12 Slovenia 1 971 739 6

Estonia 1 421 335 6 Cyprus 748 982 6

Malta 379 563 6 Latvia 2 385 396 9 Lithuania 3 600 158 9

Slovak Republic 5 392 982 12 Bulgaria 8 240 426 12

Romania 22 395 848 18

Source: Central Intelligence Agency (CIA) World Factbook 1998

These are the approximate size of the delegations based on total population of the applicant states and if these figures were used then the total membership of the COR would be 351. C 374/22 EN Official Journal of the European Communities 23.12.1999

APPENDIX III

to the Opinion of the Committee of the Regions

Revised delegations based on the same formula used by the European Parliament.

No of COR members No of MEPs Option 1 Option 2 Current Position

Germany 99 50 33 24

UK 87 44 29 24 France 87 44 29 24

Italy 87 44 29 24 Spain 64 32 21 21 Netherlands 31 16 10 12

Greece 25 13 8 12 Belgium 25 13 8 12

Portugal 25 13 8 12 Sweden 22 11 7 12

Austria 21 11 7 12 Denmark 16 8 5 9

Finland 16 8 5 9 Ireland 15 8 5 9

Luxembourg 6 3 2 6 Total EU 626 318 206 222

This table shows the size of the COR if national delegations are based on a multiple of twice and three times the population per MEP of existing EU Member States.

Option 1: × 2 per head of the population per MEP Option 2: × 3 per head of the population per MEP 23.12.1999 EN Official Journal of the European Communities C 374/23

APPENDIX IV

to the Opinion of the Committee of the Regions

This appendix illustrates how the size of the COR might increase if there were to be two further waves of enlargement of the EU. Obviously this is somewhat speculative at this present time given that the circumstances of candidate countries might change. By providing some options, this might help COR members consider issues relating to the size of the COR.

The first wave of countries might include:

Country Number of COR members

Poland 21

Hungary 12 Czech Republic 12

Slovenia 6 Estonia 6

Cyprus 6 Malta 6

This would give a total COR size of: 222 + 69 = 291

A further second wave of enlargement might include:

Country Number of COR members

Latvia 9

Lithuania 9

Slovak Republic 12 Bulgaria 12

Romania 18

This would give a total COR size of: 222 + 129 ( 60 + 69) = 351 C 374/24 EN Official Journal of the European Communities 23.12.1999

APPENDIX V

to the Opinion of the Committee of the Regions

Internal organization of candidate countries for the first round of accession

Number of regional authorities Country Number of local authorities Election systems or intermediate level

The Czech 8 regions (kraje). 6 242 municipalities (of which Republic 487 with the statute of town).

Cyprus No regional level. 6 districts 32 municipalities. The mayor is elected directly. The Municipal Councils are under the authority of the also directly elected and their number depends on the size central government. of the local electorate, a minimum of eight and a maximum of twenty-six.

Estonia No regional level, but 254 local authorities (of which The municipal council is elected directly. The mayor is 15 counties (maakond). 45 urban municipalities (linn) and elected from among council members. 209 rural municipalities (vald).

Hungary No regional level, but 3 156 municipalities (of which The local level is represented by the municipal council 19 counties. 2 900 districts or communes). Dif- which is elected by direct universal suffrage. In the smallest ferent types of communes: 1 143 constituencies the mayor is elected directly by ordinary ordinary communes, 277 ‘major citizens, whilst in the largest constituencies the mayor is communes’, and 155 towns and elected by the Council. 8 ‘major towns’.

Poland 16 voivodships represented 2 468 communes, including towns The local level is represented by the municipal councils by the ‘sejmik wojewodzki’ and villages. ‘Gmina’ elected by direct universal suffrage on the basis of (assembly of voivodships). proportional representation. The number of councillors 373 counties (‘powiats’). varies between 15 and 100, depending on the size of the municipalities. The municipal council elects a mayor ‘Wojt’ for villages, a ‘Burmistrz’ for small towns.

Slovenia No regional level. 60 local administrative units whose The municipalities are governed by a mayor (‘zupun’), who leaders are appointed by the is directly elected, and a municipal council (‘obciinski svet’or interior minister. 147 munici- ‘mestni svet’). palities. 23.12.1999 EN Official Journal of the European Communities C 374/25

Opinion of the Committee of the Regions on the ‘Implementation of EU law by the regions and local authorities’

(1999/C 374/06)

THE COMMITTEE OF THE REGIONS,

having regard to its Bureau’s decision on 15 July 1998, under the fourth paragraph of Article 198c of the Treaty establishing the European Community, to draw up an opinion on the subject and to direct the Commission for Institutional Affairs to prepare this opinion;

having regard to the draft opinion (CdR 51/99 rev. 2) adopted by the Commission for Institutional Affairs on 6 July 1999 (rapporteur: Mr Lars Nordström),

adopted the following opinion unanimously at its 30th plenary session of 15 and 16 September 1999 (meeting of 15 September).

1. Introduction 2. Legislative implementation of EC directives

1.1. The Member States bear sole responsibility to the EU for the implementation of EU law. This applies both to the 2.1. Within the EU Member States, there are various forms implementation of EC directives under national law and to of including the regions and local authorities in the legislative administering their enforcement. Within the individual states, implementation of EC directives. In some countries EC direc- however, these tasks can be divided between the central tives are partially implemented under national law by the government and the regional and local authorities. In many legislature in the regions. This applies to regions with own cases, the regions and the local authorities bear a considerable legislative competence within the scope of their exclusive part of the burden resulting from this obligation to implement powers under national law. Another possibility is the EU law. implementation by central government legislative bodies in collaboration with a national Regional Panel. Besides, there are various other forms of participation by regions and local 1.2. Participation of the regions and local authorities at a authorities in the process of implementation of EC directives national level in the process of implementing EU law reflects into national legislation. This may also include informal ways the practical significance which EU law has for them. EU law of cooperation. The transposition of EU Directives may have is more and more affecting areas of regional and local consequences for the powers exercised by devolved authorities. competence. Consequently, inclusion of the regions and local Application of EU rules may in certain cases regulate or even authorities at national level both in the process of legislative curtail the executive powers of devolved authorities and may implementation of Community law under national law and have financial consequences for their budgets. also in the administration of its enforcement, offer the regions and local authorities an important opportunity to:

— contribute their expertise, 2.2. The active participation of the regions and local authorities in the legislative implementation of EC directives allows for greatest possible flexibility and extensive consider- — have their specific, individual characteristics taken into ation of regional singularities. Besides, a particularly high account, degree of expertise is concentrated into the legislative process.

— preserve their diversity and their peculiarities, 2.3. The adaption to local requirements enhances adminis- — allow for efficient administration of enforcement at a level trative efficiency and provides for increased democratic legi- close to the citizen. timation. It also enhances the acceptance of Community law by the citizen.

1.3. For the regions and local authorities, participation in the implementation of EU law is therefore a necessary extension of their involvement in the EU law-making process 2.4. The different ways of participation of the regions and currently exercised via the Committee of the Regions and, in local authorities in the legislative implementation of EC some Member States, by means of an additional special directives depend upon the specific constitutional background procedure for involvement of the regions and local authorities in each Member State. These differences must be fully in the central government’s European policy. respected. C 374/26 EN Official Journal of the European Communities 23.12.1999

3. Administrative implementation of EU law 4.1.2. Another key factor is that legislation must be of a generally high quality and account must be taken of the financial and administrative impact of implementation on 3.1. It is possible to identify three ways in which EU law is regional and local authorities. enforced by the administration within the individual Member States, namely, 4.1.3. The Amsterdam Treaty and its protocol on the — enforcement principally by regional/local administrations, application of the principles of subsidiarity and proportionality is a welcome, clear expression of the importance the EU attaches to a balance between the various levels (EU, Member — enforcement dependent upon content, partially by national States, regions and local authorities). and partially by regional/local administrative bodies,

— enforcement exclusively by the central authorities of the 4.1.4. Here, for instance, points 5,7 and 9 of the protocol Member States. and article 203 of the Treaty are of particular relevance, especially the protocol’s formal statement that the financial and administrative impact of Commission proposals must be 3.2. The appointment of responsibility among national, assessed. regional and local authorities varies from Member State to Member State. Any harmonisation in this regard is not 4.1.5. The Amsterdam Treaty therefore provides a unique desirable. There should be taken care, however, within the base for creating a sound balance and cooperation between constitutional framework of each Member State, that the the various levels, where differing regional and local situations administrative implementation of EU law is guided by the can be taken into account. following principles:

— greatest possible closeness to the citizen, 4.1.6. Further, the Amsterdam Treaty helps to highlight the need for the EU to take reasonable heed inter alia of the regional and local authorities’ capacity to finance tasks resulting from — contribution of local and regional expertise, new legislation and their ability to cope with the administrative consequences of such legislation. — administrative efficiency by giving consideration to specific characteristics, 4.1.7. In this connection, the work carried out by the Commission and the progress achieved as regards improving — improved control and prevention from abuse by transfer- the quality of legislation etc. calls for due recognition. ring responsibility to local and regional politicians,

— best prerequisites for acceptance by the people. 4.1.8. Though the above development can be seen as positive, attention should be drawn to a number of areas which can give rise to problems at regional and local level. — assignment of administrative responsibility to the level nearest the citizen. 4.1.9. It must be remembered that views on the scale of the problems set out below may differ, depending on factors such 3.3. Being close to the citizen is a strength itself for the as tradition, the constitutional situation and the degree of administration. It stimulates a democratic society. It is also the regional and local self-government. most cost-effective way of administration. This also provides for direct accountability of and control by local and regional politicians, so preventing misapplication of EU funds. 4.2. The quality of the legislation

3.4. Accountability and control can best be realised in areas 4.2.1. The principle of subsidiarity is of utmost importance of limited size. This in turn contributes to the efficiency and to the quality of Community legislation(1). acceptance of the political system. Therefore, with all regard and due respect of the constitutional situations in the Member States, a good administrative implementation of EU law is in 4.2.2. It has to be borne in mind that the ideas regarding most cases depending on regional and local bodies. the principle of subsidiarity and related items can be different in certain aspects. On the one hand there are those that have the opinion that the principle of subsidiarity should be applied in a dynamic way. On the other hand there are those who believe that the main purpose of the principle of subsidiarity 4. Some problems of enforcing EU law is to protect the Member States and the regions as well as local authorities from unnecessary Community action, thus restricting the scope of action of the EU and its institutions in 4.1. General comments some areas.

4.1.1. A sound balance between the EU, the Member States (1) In this respect, reference is made to the observations in the and, on a subnational level, the regions and local authorities is Opinion of the Committee of the Regions on Better lawmaking a prerequisite for effective implementation of EU legislation. 1998 — a shared responsibility (CdR 50/99 fin). 23.12.1999 EN Official Journal of the European Communities C 374/27

4.2.3. Similarly, different approaches can be seen when it 4.4. Administrative expenditure comes to the question of a clear division of powers between the respective levels [EU, Member States and regions/local authorities]. Some argue (amongst them the Commission) that 4.4.1. Community legislation and programmes — for a more precise fixing of the powers of the EU would be example in the area of collecting statistical data — often detrimental to the flexibility of Community action and there- require a considerable administrative effort by regional and fore might hinders progress of Community legislation. Others local authorities, sometimes disproportionate to the benefits. postulate the necessity of a clearer fixing of the EU powers in Furthermore, the purpose of some administrative obligations addition to the strict appliance to the principle of subsidiarity. is sometimes unclear, or they seem to be an end in themselves.

4.2.4. Besides, there are differences concerning the interpretation of the term ‘exclusive powers of the Com- 4.4.2. It is understandable that an increasing administrative munity’. The Commission claims that, for example, all legis- burden without a clean purpose or benefit will easily lead to lation concerning the common market belongs to the sphere general feelings of annoyance and fading support for European of exclusive powers of the Community with the consequence integration. that the principle of subsidiarity does not apply. Others believe that the area of exclusive powers of the Community should be more limited so that the principle of subsidiarity can be applied more frequently. 4.4.3. Regional and local authorities are confronted with expanding tasks and an increasing administrative burden emanating from both European and national legislation, 4.2.5. These various ideas regarding important aspects of whereas they have to execute these tasks with their normal [or the quality of EU legislation can themselves be seen as in some cases even decreasing] capacity. The capacity of local an expression of the differences — cultural, historical and and regional authorities to perform the tasks conferred upon constitutional — that exist between the Member States and them by European [and national] legislation must therefore be regions in EU. In this sense the differences must be fully taken into account before new legislation is adopted. respected, as a valuable part of the European dialogue.

4.4.4. The EU institutions must therefore scrutinise Euro- 4.3. Increasing EU activity in areas typically belonging to pean legislation — existing and new — and eliminate any the sphere of competence of the regions and local authorities requirements that are not strictly necessary. The necessity must restricts the scope of action allowed to regions and local be established not only in absolute, but also in relative terms, authorities. taking into account the cost/benefit aspect. Any administrative requirement must have a clear purpose. 4.3.1. In some areas of [exclusive] competence of the local and regional authorities — for example: local and regional planning — there is a clean [bottom-up] desire for more exchange of information, mutual consultation and coordination at the European level. 4.5. Financial impact

4.3.2. If there is a European dimension to the subject in question, transnational co-ordination is only to be welcomed. 4.5.1. In this respect, reference is made to the observations However, these initiatives may turn into EU legislation or in the Opinion of the Committee of the Regions on the programmes and agreements with a binding character, thus Evaluation of the financial and administrative consequences for restricting for example the sovereign planning powers of local and regional authorities of EU legislation of 15 November regions and local authorities. 1995(2).

4.3.3. It has to be borne in mind that voluntary cooperation and coordination at the European level between the parties 4.5.2. Particular reference should also be made to the concerned can arrange many things. There is no significant frequent disparity between administrative costs and the ‘return’ need for centralised EU legislation or regulations to achieve in the case of numerous smaller promotion schemes, e.g. in certain goals. the sector of architectural conservation in cases where there is no concentration on measures of exceptional supraregional significance. Therefore, in the case of smaller development 4.3.4. Further, in some cases it may be wondered whether programmes, the return must be proportional to the adminis- the EU’s areas of competence need to be specified in the trative expense. Furthermore it must be checked whether Treaty. On earlier occasions the COR has taken the view that preference should not rather be given to concentrating funds such clarification is justified and necessary in the case of local on individual measures of particular importance. and regional planning strategy(1).

(1) CdR 340/96 fin — ‘Spatial planning in Europe’ — OJ C 116, 14.4.1997, p. 1. (2) CdR 368/95 — OJ C 126, 29.4.1996, p. 1. C 374/28 EN Official Journal of the European Communities 23.12.1999

4.6. Implementation within the Member States 5.5. There are, according to the respective constitutional and historical background in the Member States, a lot of different ways for the regions and local authorities to gain 4.6.1. The problems that may occur when enforcing Com- influence on the EC law-making process. These may include munity legislation can in some cases be related to the formal participation in formulating the position of the national legislation or implementation within the individual Member government in the Council by means of at least partially States. Although this must be fully recognised, the principle binding resolutions of the regional chamber within a Member must be that a specific problem suitably is handled at the same State or lobbying activities by special representations of certain level that it can be related to. regions or local authorities in Brussels. The only possibility to gain influence, however, which is at hand to all regions and local authorities irrespective of the constitutional background in each Member State is the COR. 4.6.2. Local and regional authorities have a duty to observe the provisions of Community directives from the dates set for their entry into force, even when the relevant laws have not been adopted by national government (the case law of the 5.6. Therefore, it is essential that the effectiveness of the Court of Justice refers to this as the ‘vertical effect of directives’). participation of the COR in the EU law-making process be Local and regional authorities must also play a monitoring and strengthened. This requires among others: implementation role when Community directives have been wrongly or imprecisely transposed into national law. — The provisions in the Treaty of Amsterdam concerning the own administrative body of the COR have to be fully applied. To that end, the COR has to be provided with the necessary funds for its own administrative body. The COR strongly requests the respective EU institutions to take care 5. Conclusions and proposals for the adequate funding of the COR, which is of ultimate importance for its good functioning.

5.1. A good implementation begins with good law-making. This means on the one hand, that the principles of subsidiarity — Since no other EU institution disposes of the full knowledge and proportionality have to be fully applied. Reaffirming the of the practical impact of EU legislation on the regions and findings and conclusions of the COR in its report ‘For a New local authorities, the Commission should be required to Culture of Subsidiarity’(1), the principle of subsidiarity must consult the COR on possible cooperation already during be consistently implemented in all areas of EU activity. an early preparatory stage of EC law-making. In this regard, the COR refers to the findings in its Opinion on the Evaluation of the financial and administrative consequences for local and regional authorities of EU legislation. 5.2. The principle of subsidiarity as a rule for the exercise of authority should be supplemented by a better defined demarcation of functions in the form of rule for the allocation of authority. 5.7. The COR welcomes the common practice of the Commission to prepare EC legislation by publishing Green Papers and White Papers for public discussion and debate. This practice, however, does not eliminate the necessity of 5.3. Besides, due regard has to be given to the financial participation of the COR as a bank of knowledge in the early and administrative consequences for the local and regional stages of concrete law-making projects. authorities in the purpose of avoiding over-regulation and unnecessary administration. It would moreover be interesting for the Commission to be able to gauge the financial impact on local/regional authorities of Community draft legislation 5.8. The nature and extent of inclusion of regions and local and for the Member States to involve such authorities in authorities in the process of implementation under national assessing the financial cost of legislation which is currently legislation depends on the organisation and internal structure under negotiation. of each Member State. However, in every case, appropriate consideration of the specific concerns of regions and local authorities should be guaranteed. This is the indispensable prerequisite for the preservation of direct authority and the 5.4. On the other hand, the regions and local authorities specific characteristics of each region and local authorities, as have to be most effectively included in the EC law-making well for increased contribution of local and regional expertise. process. This will enhance the legitimacy and effectiveness of EU law. It will also help to preserve diversity within Europe and contribute significantly to the acceptance of EU law amongst the citizens. 5.9. To this end, the Committee of the Regions reaffirms its view that the Committee of the Regions, as the representative of local and regional authorities, should be formally consulted at a formative stage by the Commission and national governments on legislative proposals that may significantly affect the (1) CdR 302/98 fin — OJ C 198, 14.7.1999, p. 73. general public. 23.12.1999 EN Official Journal of the European Communities C 374/29

5.10. Of pre-eminent importance in attaining closeness to — The COR should initiate studies on how the effectiveness the citizen, efficiency and contribution of local and regional of the participation of the COR in the EU law-making expertise, as well as in guaranteeing most effective control of process can be further enhanced. Special attention should the correct use of funds is the implementation of Community be given to an increased participation at an early stage of law by regional and local authorities. The regions and local the EC law-making process. authorities should be allowed adequate scope for administrative enforcement in accordance with their specific situations. — The COR should when needed initiate comparative studies The implementation of EU law by the national administration regarding the implementation of EU law within specific alone without strong participation of the regional and local areas of interest. The aim should be to gain greater administration can hardly guarantee the necessary closeness to knowledge of implementation, that could serve as example the citizen and acceptance of EU law by the citizen. throughout the community. One way is to use existing programmes for interregional cooperation and partner- 5.11. For Community law to be implemented completely ship, for example Karolus, to investigate the implemen- and effectively, local and regional authorities must equip tation. themselves with the appropriate skills and resources to monitor cases where Community directives have been transposed — The COR recommends the Commission to put forward a wrongly or inadequately or not at all by the relevant legislative list of existing aid programmes and budget items, thus authorities. making it possible for the COR to evaluate the implementation regarding the administrative efforts required by the 5.12. The following proposals are made for further in-depth regions and local authorities and the European value of the research of the COR: programmes. — The COR should initiate studies of long-term effects of EU activities on the scope of action of the regional and local — The COR should take the necessary initiatives that could authorities in specific areas, especially in planning law and follow dependent on the results of investigations and public services. studies mentioned above.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/30 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on ‘the Proposal for a European Parliament and Council decision amending Decision No. 1254/96/EC laying down a series of guidelines for trans-European energy networks’

(1999/C 374/07)

THE COMMITTEE OF THE REGIONS,

having regard to the Proposal for a European Parliament and Council decision amending Decision No. 1254/96/EC laying down a series of guidelines for trans-European energy networks [COM(1998) 542 final — 98/0284 (COD)](1);

having regard to the decision taken by the Council of 23 October 1998, under Article 129d and the first paragraph of Article 198c of the Treaty establishing the European Community, to consult the Committee of the Regions on the matter;

having regard to the decision of its Bureau of 15 July 1998 to direct Commission 3 (Trans-European Networks, Transport and Information Society) to draw up the relevant opinion;

having regard to the draft opinion (CdR 59/99 rev. 1) adopted by Commission 3 on 15 April 1999 (CdR 59/99 rev. 1) [rapporteur: Mr Koukoulo´ poulos (GR-PPE)],

unanimously adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 15 September).

1. Introduction — adding to the list new projects which have reached an advanced state of preparation. 1.1. On 5 June 1996 the European Parliament and the Council adopted Decision No 1254/96/EC laying down a series of guidelines for trans-European energy networks. The Annex to this Decision contains an indicative list of projects 2. General comments of common interest identified in the energy sector.

1.2. The indicative list of projects of common interest was 2.1. The Committee of the Regions believes that laying updated by Decision No 1047/97/EC adopted by the European down and implementing the trans-European energy networks Parliament and the Council on 29 May 1997. The updating is important for the proper functioning of the internal market, became necessary because of the accession of the three new and for improving cohesion with frontier and remote regions Member States, the ever faster expansion of interconnected of the EU. Indeed, it has already expressed its views on the networks on the scale of the European continent and the trans-European energy networks in two previous opin- particularly rapid development of the natural gas market. The ions(2)(3). indicative list currently contains 74 projects of common interest. 2.2. The fact that measures are being taken on trans- 1.3. The European Commission proposes updating the European networks in the sphere of energy is particularly indicative list of projects of common interest annexed to significant, especially as regards measures relating to practical Decision No 1254/96/EC, as amended by Decision investment planning. More specifically, there is a need to step No 1047/97/EC, for the following reasons: up Community involvement in the funding of networks that deliver energy to frontier or remote regions of the Union. — the rapid development of the market, especially the natural gas market, and the need for network infrastructure to serve it (diversification of supply sources, for example, and 2.3. The funding of projects to connect remote regions, increased storage); especially isolated regions such as islands, to the trans- — to pursue the setting-up of interconnected energy networks European energy networks also helps to improve the stability on the scale of the European continent. of energy supplies to these regions. Not only is stable energy supply a common objective of the European Union, but it 1.4. In practical terms, this means: contributes to these regions’ economic and social development and ultimately reinforces the principle of cohesion. — in some cases, altering the description of projects of common interest already on the list; (2) CdR 46/94 fin — OJ C 217, 6.8.1994, p. 26. (1) OJ C 320, 17.10.1998, p. 12. (3) CdR 367/96 fin — OJ C 116, 14.4.1997, p. 96. 23.12.1999 EN Official Journal of the European Communities C 374/31

2.4. The views of local and regional authorities have not 3.2. In Annex II under the heading ‘Electricity Networks’ been taken into account in the process of planning the we would add the following: ‘Greece: connection of the islands trans-European energy networks. This absence of dialogue is to the mainland and to each other.’ likely to substantially delay development of the networks. The COR recommends that the Commission take into account the views of local and regional authorities in its measures, which 4. Conclusions should establish the practical framework for implementing the trans-European energy networks. 4.1. The COR endorses the Commission’s proposal with 2.5. Local and regional authorities will be more likely to regard to the introduction of guidelines on trans-European accept the trans-European energy networks if their environ- energy networks and the adjustment of decisions taken in mental impact is properly assessed and the required specifi- order to meet current needs. cations are met. The COR suggests that the environmental impact of the trans-European energy networks be assessed and 4.2. The COR particularly welcomes the introduction of that basic technical specifications be laid down to protect the practical funding systems for connecting pan-European energy environment during the planning and implementing of the networks, especially in remote and frontier regions of the EU. networks. Promoting the market penetration of alternative products on the energy market is just as important as 4.3. The COR for its part is prepared to work together with establishing specifications. the Commission and with local and regional authorities to ensure that decisions taken are appropriate to the planning 2.6. The COR has already asked the Commission to pro- process on this issue. Environmental impact analysis, technical mote access for energy producers at local and regional level to requirements to protect the environment and effective dialogue electricity and natural gas networks at national and EU level. with local and regional authorities will facilitate implemen- To ensure proper functioning of the internal market and tation of the networks in a practical way. effective use of energy, this criterion must be reflected in EU decisions affecting the linking up of all trans-European energy networks. 4.4. Energy producers at local and regional level must have access to the pan-European energy networks.

3. Proposals 4.5. The COR calls for the proposal for a Council Directive to introduce rational planning techniques in the electricity and Two additional projects are proposed: natural gas distribution sectors(1) to also be applied to projects relating to pan-European energy networks. 3.1. In Annex I under the heading ‘Electricity Networks’ we would add the following: ‘Spain: strengthening and development of internal connections.’ (1) COM(95) 369 final — OJ C 1, 4.1.1996, p. 6.

Brussels, 15 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/32 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on the ‘Communication entitled Modernizing the organization of work — A positive approach to change’

(1999/C 374/08)

THE COMMITTEE OF THE REGIONS,

having regard to the Committee’s opinion on the Green Paper entitled Partnership for a new organization of work (CdR 288/97 fin)(1);

having regard to the Committee’s Opinion on the Communication from the Commission on the Social Action Programme 1998-2000 (CdR 277/98 fin)(2);

having regard to the Committee’s Opinion on the Guidelines for Member States’ employment policies 1999 (CdR 279/98 fin)(3);

having regard to the Commission communication entitled ‘Modernizing the organization of work — A positive approach to change’ (COM(1998) 592 final);

having regard to The Bureau’s decision of 15 July 1998 to issue an opinion on this subject under the fourth paragraph of Article 198c and to instruct Commission 5 — Social Policy, Public Health, Consumer Protection, Research and Tourism — to draft that opinion;

having regard to the Draft Opinion (CdR 48/99 rev. 1) adopted by Commission 5 on 22 March 1999 (Rapporteur: Ms Buron, FR/PSE),

unanimously adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 2. General comments 2.1. The Committee of the Regions shares the European 1.1. The Committee of the Regions welcomes the European Commission’s conviction that the key to modernizing the Commission’s communication aimed at stimulating and organization of work lies more in negotiations between the strengthening partnership for the modernization of work social partners than in legislative processes, although of course organization. The Commission would like the social partners legislation may be necessary, depending on the specific to consider the best possible means of complementing the situation in each Member State. As each sector has its own ‘adaptability’ pillar of the employment guidelines. peculiarities, it is at sectoral level that experiments in new ways of organizing work should be carried out. 1.2. The Committee of the Regions would point out that in its opinion on the Green Paper entitled ‘Partnership for a new Innovation and flexibility on the labour market must in organization of work’, it recommended that the European any case be covered by a common EU legal framework, Commission should take into account the various roles of guaranteeing protection of workers under the various working local and regional authorities as: arrangements.

— employers; 2.2. The Committee of the Regions would stress its commitment to the employment guidelines, as stated in its opinion on — enablers of local development; the ‘Guidelines for Member States’ employment policies 1999’. It would point out that, in terms of adaptability, local and — bodies responsible for providing a range of services to the regional authorities act both as social partners and as a driving general public. force in promoting employment. Indeed, they have to promote the adaptability of their own departments while at the same The combination of these three roles clearly distinguishes local time fostering adaptability throughout their area by developing and regional authorities from private enterprise. Their aim in suitable forms of training, especially for the most vulnerable adjusting the organization of work must be twofold: (a) to groups of people. Here, local and regional authorities are strike a balance between flexibility and security for the complementing the policies followed by businesses and often employees of local and regional public services and (b) to develop partnerships to improve the adaptability of the labour ensure a continuous public service and satisfy user needs. force (especially by means of training and reintegration programmes for the victims of social exclusion). The Com- mittee of the Regions would like the European Commission to (1) OJ C 64, 27.2.1998, p. 85. take account of this aspect of providing support for the local (2) OJ C 93, 6.4.1999, p. 56. and regional economy in its future proceedings on the (3) OJ C 51, 22.2.1999, p. 59-62. organization of work and adaptability. 23.12.1999 EN Official Journal of the European Communities C 374/33

3. Specific comments 3.5. The Committee of the Regions would draw the Euro- pean Commission’s attention to the fact that the concepts of competitiveness and productivity do not have the same meaning for local and regional authorities as they do for Introduction to the Communication businesses. Local public services are at the heart of any community. In the interests of users, they have to reconcile 3.1. The Commission stresses that the process of moderniz- productivity with public service and competitiveness with ing work organization must be carried out in close cooperation continuity of provision. Local and regional authorities thus with the social partners. The Committee of the Regions must give priority to quality and continuity of service. This calls on the Commission to acknowledge local and regional applies in particular to daily opening hours (which have authorities as full social partners, even though the status of increased greatly in recent years because of the need to cater such authorities differs from one EU Member State to another. for as many members of the public as possible, who are Indeed, status as an employer varies from country to country restricted by their own working hours). Dialogue therefore depending on the powers and legal status of local and needs to be established not only between workers and trade regional authorities. However, all European local and regional union organizations but also with users. authorities should be able to play a part in modernizing the organization of work. The Committee of the Regions would point out that local and regional authorities already take part in the sectoral social dialogue. The Committee of the Regions 3.6. Local and regional authorities likewise have a special calls on the European Commission to continue its support for role to play in reconciling family and working life. As this social dialogue. employers, their policies are often ones of equal opportunity and even positive discrimination when it comes to filling senior posts. But local and regional authorities are also often 3.2. The Commission also stresses that this collaboration responsible for providing services (child-minding, help for between social partners must take account of policies in the dependants) for all employers in the community. They thus economic and employment sectors. To improve coordination, have a dual role here too. particularly in the employment sector, the Committee of the Regions calls on the Commission to involve local and regional authorities in the preparation of EU employment policies and employment guidelines. Dialogue on these guidelines, 3.7. The Committee of the Regions would emphasize that especially on adaptability, would promote greater consistency local and regional authorities are ready to play a leading role between the recommendations made by the European Com- in developing a new approach to the organization of work. mission and the action taken by local and regional authorities, They are already working on modernization and negotiating which are, along with the Member States, important players in with their union counterparts at sectoral level and they have promoting employment. an open attitude towards change. The Committee of the Regions asks the European Commission to take into account the results of this ongoing activity by local and regional authorities. It suggests in particular that the consultation The green paper process launched with the Green Paper and followed up with the current communication should be taken further, especially in order to contribute to the development of EU policies on 3.3. The Committee of the Regions welcomes the European adaptability. Commission’s affirmation that it does not intend to use the Green Paper as a basis for a new legislative initiative to prescribe a single form of organization of work. Indeed, the consultation procedures peculiar to each country and each sector must be observed in order to make allowance for the The Luxembourg employment strategy particular ways in which work is organized and to arrive at negotiated procedures which are acceptable to workers. In addition, the fact that the way in which work is organized is constantly evolving means that it is impossible to lay down 3.8. The Committee of the Regions reiterates its request hard and fast rules; on the contrary, a process of constant that local and regional authorities should be involved in the adjustment is needed, bearing in mind that flexibility, not only framing of EU employment policies, and that the European in working hours but also as regards individual job profiles, is Commission should set up a genuine partnership and consul- now an accepted feature of work in both the public and private tation structure. Local and regional authorities will endeavour sectors. to form partnerships in the context of the sectoral social dialogue, but also have an enabling role at local and regional level in that they are a forum for dialogue with other partners, 3.4. The Commission emphasizes that the modernization service providers and businesses, for example by providing process needs to be speeded up. Local and regional authorities public employment services which develop the adaptability of are already working on modernization. They would like an business employees. The Committee of the Regions rec- opportunity to compare their experience with that of others ommends that the work of the expert group on the evolution and to learn what their counterparts are doing. The Committee of labour law should continue and would like to be able to of the Regions asks the European Commission to facilitate and hold discussions with that group on the topic of modernizing support such exchanges of experience. local and regional public services. C 374/34 EN Official Journal of the European Communities 23.12.1999

A framework for future action — equal opportunities, by providing women with the back-up services they need if they are going to go out to work. 3.9. The Committee of the Regions would point out that the local and regional public sector has a number of highly 3.12. Even though local public services in several Member specific features, as described above, and would ask the States have very specific features in terms of work contracts, European Commission to take this into account. it is necessary to develop the contractual framework by encouraging flexibility and training while safeguarding the long-term security that is necessary for the continuity of public 3.10. The Committee of the Regions, like the Commission, services. acknowledges the need for a new approach to modernizing the organization of work. The Committee of the Regions 3.13. New technologies: local public services are concerned would nevertheless like the Commission to explain more about the introduction of new technologies on two counts clearly how it sees this new approach. The Committee of the — from the point of view of their internal organization, and Regions: in terms of services to the public. The introduction of new technologies makes it possible to decentralize services to users — recommends that the social partners should have a means and to reach people in outlying areas who are entitled to the of comparing their objectives and methods at European same level of service as city-dwellers. The Committee of the level; Regions would ask the Commission to take greater account of the social role of new technologies. — emphasizes the need for the Commission to comply with the principle of subsidiarity while also respecting the 3.14. Equal opportunities: local public services traditionally independence of the social partners; employ a high proportion of women. Local and regional authorities nevertheless wish to open up access for women to — expressly requests that the Commission should incorporate senior and managerial posts and to encourage women to set the agreements concluded by the social partners in the up businesses. guidelines and that all the social partners involved in this modernization process should have the opportunity to 3.15. Role of the Member States: in the context of the play a part in redefining the employment guidelines; employment guidelines and national employment plans, the Committee of the Regions would ask the Commission to — hopes that recognition of the central role of the social include the local and regional dimension in future guidelines. partners as a whole, both at sectoral and intersectoral level, This will make it possible to hold a dialogue between the three will go hand in hand with the provision of means which levels most involved in creating jobs: enable them to play that role. — local/regional level, where job-creating initiatives are put into practice; 3.11. Objectives: the Committee of the Regions would point out that, for local and regional public services, the process of modernizing the organization of work is part of the — national level, and in some cases regional level, where wider objective of modernizing and improving the services support can be provided for the initiatives by making offered to the general public. The flexibility requirement must suitable adjustments to the legislative framework; meet the new needs of users in two ways: — European level, which must continue to provide the momentum and promote exchanges of experience. — flexible working hours to improve the availability of public services on a daily and weekly basis; Only action which is coordinated between these three levels — flexible tasking to meet the new requirements of certain will have a lasting and positive impact on employment and types of user: help for the victims of social exclusion, the quality of life. cultural and social reintegration, support for the development of new activities. 3.16. Role of the European Union: the Committee of the Regions therefore expressly requests that the Commission see to it that representatives of local and regional authorities are In local public services, modernization is more closely linked involved in the expert group set up to support national and to the problem of employment than it is elsewhere: although local initiatives. The Committee of the Regions welcomes the the constraints on public budgets limit the scope for creating fact that one of the Commission’s aims is to ‘identify and jobs in public services, efficient local public services are a exchange good practice, promote cooperation and support powerful stimulus to job–creation in the local community. lagging sectors and regions’, but it considers it absolutely vital The adaptability of local public service workers will have an that local and regional authorities should be involved in these impact on the other guidelines: activities. The Committee of the Regions would point out that, it has launched an initiative entitled ‘Act locally for — business creation, by helping new entrepreneurs and the employment’ designed to ensure the local/regional level’s most vulnerable categories to set up businesses (e.g. commitment to the guidelines, and it calls on the Commission support for ethnic groups, young people, women); to include this initiative in its strategy. 23.12.1999 EN Official Journal of the European Communities C 374/35

3.17. In many Member States, local and regional authorities 4.2. The Committee of the Regions is particularly con- are responsible for areas which in other Member States would cerned about the development of the guidelines and would ask be the responsibility of private enterprise. When it comes to the Helsinki European Council to take the local and regional project financing, these entities should be treated on an equal dimension into account. It will support all steps taken by the footing. Commission to this end.

The Structural Funds should be used to support educational 4.3. The Committee of the Regions would like the Com- and skill-enhancement projects and the like organized by local mission to extend this consultation process to topics related and regional authorities, as well as those organized by private to the modernization of work organization: teleworking, enterprise. information society, vocational training, worker participation. At the request of the Luxembourg European Council, the Commission has set up a high-level group of experts to analyse 4.4. The Committee of the Regions asks the Commission likely industrial changes in the European Union. to take into account, in the next steps, certain particular problems which will have a profound effect on the organ- It would seem that a similar group is needed to identify ization of work: changes in public services in the European Union. — an ageing population, which will affect the nature and size of the labour force and bring new requirements for 4. Conclusions: the next steps services;

4.1. The Committee of the Regions welcomes the Com- — changes in social protection policies and objectives, the mission’s call for mobilization of the social partners and will necessary modernization of which must not endanger actively support this strategy. workers’ standard of living and quality of life.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/36 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on ‘1999 — International Year for Older People’

(1999/C 374/09)

THE COMMITTEE OF THE REGIONS,

having regard to the decision taken by the Bureau on 18 November 1998, under the fourth paragraph of Article 198c of the Treaty establishing the European Community, to draw up an Opinion on ‘1999 — International Year for Older People’, and to direct Commission 5 ‘Social policy, Public Health, Consumer Protection, Research and Tourism’ to draw up the relevant opinion;

having regard to the Draft Opinion (CdR 442/98 rev. 2) adopted by Commission 5 on 22 March 1999 [Rapporteurs: Mrs Haijanen (FI/PPE) and Mr Keymer (UK/PPE)],

unanimously adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction to lose sight of the value of independence; older people who can still cope on their own should therefore be given every opportunity to make their own arrangements for pursuing an active and healthy life. 1.1. The United Nations has designated 1999 as the International Year for Older People. The purpose of this Year is to raise awareness of the demographic situation, to stimulate debate, to promote new action strategies, to increase the coordination between different services and to encourage research and exchange of best practice. These aims will be pursued locally, regionally, nationally, continent-wide and globally. In this connection, numerous events will be organized 2. The main challenges for policy on the elderly across the EU at European, national, regional and local level.

1.2. The population of EU countries is growing older due to falling birth rates and a simultaneous increase in life expectancy as a result of medical progress. By the year 2.1. Increasing the number of years during which people are healthy 2025 over one third of the European population will be of and active pensionable age. The portion of the population growing most rapidly in relative terms is the over 80 age-group, a phenomenon common to many Member States in recent decades. 2.1.1. One objective of policy for the elderly is to increase the number of years during which people are active and functionally able as a proportion of the average life-span. Along with ill-health, the physical, psychological and social 1.3. Demographic changes pose a major challenge for the ability of senior citizens must also be considered. In general, European Union and for Member States’ regional and local people are satisfied with their lives as long as they consider governments. The main challenges for policy on the elderly themselves to be in at least reasonable condition relative to include increasing the number of years during which people their age. Furthermore, increasing the number of years during are healthy and active, ensuring adequate arrangements for which people are active can have a considerable effect on the care and assistance, providing suitable living conditions, overall cost of policy for the elderly. The way in which peoples’ safeguarding the incomes of older people, as well as improving functional ability evolves will have an impact on the demand the opportunities for life-long learning. Attitudes towards for health care and for other public services provided by ageing and older people need to change. Better information regional and local authorities. can be instrumental in countering the negative attitudes in the workplace. It is extremely important for working life to adapt to demographic change and for attention to be paid to improving the employability of older workers. This would also lead to a better quality of life for older people. 2.1.2. Physical exercise is important for staying healthy and active. It enables older people to take an active part in society. Its importance should be stressed. When older people fall ill, they must be offered prompt and effective examination and The European Union and local and regional authorities must treatment, as well as sufficiently comprehensive rehabilitation. guard against regarding older people as an homogeneous Similarly, programmes such as preventive medicine and prep- group in need of social and medical care. It is important not aration for retirement should be promoted at an earlier stage. 23.12.1999 EN Official Journal of the European Communities C 374/37

2.2. Adequate care and assistance 2.2.5. In future the Structural Funds, and particularly the European Social Fund, should be able to provide support for schemes initiated by territorial authorities, especially as regards assistance for older people. The training of staff providing such 2.2.1. Many of the goods and services needed by older help to dependent persons should therefore be eligible for ESF people are designed for use by the entire population, for funding. example, retail, transport, health, cultural and training services. As the population ages, the need for social and health services also rises. In particular, the growth in the number of older people suffering from memory disorders and dementia increases the need for help, care and assistance. Services should be organized so that they respond to the individual needs of 2.3. Housing, living environments and public transport compatible older people. The aim is to rehabilitate people and to treat with the needs of older people them as out-patients rather than admitting them to residential care. In arranging care and assistance, older people should be viewed as part of a social network, which encompasses family, other close relatives, friends, neighbours and other members 2.3.1. Housing policy, community planning and transport of the immediate community. must also be considered from the perspective of older people. Indeed, decisions taken in these areas will have an impact on the substance of policy for the elderly and its cost for decades ahead. Housing needs vary during different stages of peoples’ Some local authorities have recruited and trained staff for the lives. One of the objectives of policy for the elderly is to ensure specific task of providing day-to-day help to older people. The suitable housing for older people and for their needs. It is also expansion of such services has resulted, among other things, important to take on board their views on land-use and in the creation of local jobs. house-building, and it is most cost-effective to anticipate this already at the building stage. Locating shops and other services where everyone has access to them enhances older peoples’ sense of self-sufficiency. This poses a challenge for regional Services should be organised so that they respond to the and local authorities, particularly concerning land use and individual needs of older people. To this end, the social and town planning. Accessible public transport is essential to health services they use should be coordinated. ensure that older people are able to remain active and to participate in their community.

2.2.2. Steps must be taken to ensure that there are a sufficient number of professional carers to look after the Increasingly, when people stop working, they move perma- elderly. The traditional role of the family in looking after the nently to another country or region of the European Union elderly is a key element in the social fabric of communities in with a more attractive geographical location of climate. The Europe that needs to be encouraged by constructive measures. regional and local host authorities must take heed of this specific situation.

2.2.3. Working life and working practices should be developed by taking advantage of new research and training 2.3.2. Disability aids are one of the practical applications of and promoting special support programmes for families and the rapidly growing technological knowledge at our disposal. other unofficial carers. The free movement of workers between Disability aids can offset any reduction in the functional ability EU countries presents a separate set of challenges for pro- of older people and help people to continue living at home. fessional training. Furthermore, they facilitate the work of those who care for the elderly. Disability aids must, however, be user-friendly.

In addition, liaison between voluntary groups operating in the field at local and regional level must be encouraged in view of Some territorial authorities have introduced schemes to help their major potential for assisting older people in various ways. older people to remain in their homes. These schemes include These groups also have vital know-how of the local situation 24-hour telephone cover to enable older people to continue and hence are equipped to pinpoint areas where there is a high to live at home and receive assistance or outside help should concentration of older people. they need it.

2.2.4. When organising services for older people, it is In addition, provision should be made for various forms of important to take geographical considerations, poor com- financial aid to help persons wishing to equip their home with munications, the absence of appropriate services, etc., into such aids, in the same way as already exists for the removal of account. structural constraints. C 374/38 EN Official Journal of the European Communities 23.12.1999

2.4. Safeguarding the incomes of older people 3. The labour market position of older people

2.4.1. Adequate income is necessary for older people to be independent and self-sufficient. The general evolution of the 3.1. The employment of older people national economy determines an economically sustainable level of pension coverage. Pension schemes must be designed so that they are compatible with an ageing population and with a rising average life expectancy. They must also enable 3.1.1. Employment rates for older people are either very work and retirement to be combined flexibly. For older people low (for women) or currently declining (for men), and in both who are able to lead a fully active life it must to some extent cases are much lower than either the United States or Japan. be possible to opt, even after their retirement, for meaningful The structure of working life and underlying attitudes often work from which they can also draw an income. As the favour younger, well-educated workers. People leaving population ages, an ever greater proportion of potential employment in middle-age find considerable difficulty in consumption will be by older people. Pension payments returning to full-time employment. A recently published report subsequently help to maintain consumption demand, which is in Britain has suggested that one third of unemployed men essential for the well-being of the national economy. aged 45-50 will never work again. People often retire before their real retirement age.

3.1.2. Demographic change has challenged previous assumptions about the employment of older people. As people 2.5. Improving the opportunities for learning and participation live longer, the trend towards shorter working lives — often the result of policy initiatives deliberately designed to favour early retirement — means that there is an ever-increasing burden on public social security systems. Furthermore, com- 2.5.1. Older people should be given the opportunity to bined with falling birth-rates, a continuing early retirement influence and participate in decision-making procedures which culture could lead to a shortfall in the European labour market affect them. In addition to representative democratic channels, in the medium term. direct opportunities should be created for older people to participate and have an influence. It is particularly important to get service users involved in the activities of regional and 3.1.3. Reversing trends towards early retirement and local bodies. In addition, many retired people would like to encouraging employers to retain or recruit older workers are work on a voluntary basis. As a great deal of active debate has vital in raising the overall level of employment in this age taken place recently about the opportunities offered by the group and overall. There now appears to be a greater so-called ‘third sector’ in combating unemployment and recognition of these facts amongst policy-makers, employers preventing exclusion in particular, it is important to emphasize and the general public. Increasingly, Member States are that the work of many voluntary organisations is critically reversing early retirement policies, whilst local and regional dependent upon the active contribution made by older people. authorities are providing more advice, education, training and public awareness measures, in addition to being major employers in their own right.

2.5.2. The rapid pace of change taking place in society increases the importance of life-long learning. In particular, the internationalisation of working life and continually evolving production and information technology make it necessary for workers to adapt quickly to the changing work environment. 3.2. EU policy for the elderly Similarly, working life must adapt to an ageing workforce. The employment of older workers poses a significant challenge and Member States should develop practices which prevent 3.2.1. Although the primary competence in this field rests discrimination against older people in the labour market. with local, regional and national governments, the EU can play These challenges are examined in greater detail in section 3. an important role, notably in the areas of stimulating new thinking and the exchange of best practice. At the European level, interest in the position of older workers was first addressed in the 1989 Charter on the fundamental social rights 2.5.3. The importance of older people remaining active of workers. In its 1995 Resolution on the Employment of requires local and regional authorities to make efforts to Older Workers, the Council of Ministers stressed two key provide them with opportunities matching their expectations, principles, namely the need to increase efforts to adapt such as courses, seminars or special universities for older professional training and conditions of work to older workers’ people, in which they can analyse and pool their needs, with needs; and measures to prevent the exclusion of older workers support from coordinating experts. from the labour market. 23.12.1999 EN Official Journal of the European Communities C 374/39

3.2.2. It also proposed specific measures including raising — by encouraging organizations to comply with best practice awareness among employers of the consequences of making (e.g. publicity campaigns to improve attitudes towards older workers redundant, promoting the reintegration of older older workers and to counter myths and stereotypes; unemployed workers, and eliminating possible legislative provide employers with information about the employ- barriers to the employment of older workers. ment of older workers and examples of best practice).

3.2.3. Until recently, subsequent statements from the Council and other institutions have not capitalised on the 1995 Resolution. However, in October 1998 the European Parliament held a successful conference on older people which 3.3.3. The European Foundation for the Improvement of highlighted the situation of older workers in the EU, and in Living and Working Conditions considers that good practice December 1998 the Vienna Council incorporated a new in the employment of older workers consists of combating guideline on older workers in the Employment Strategy to age barriers (whether official or inherent) and providing an help ‘older workers to increase their participation in the labour environment in which each individual is able to achieve his or force.’ her potential without being disadvantaged by their age. Some initial conclusions can be drawn from case studies gathered by the Dublin Foundation, mainly from the private sector. As a 3.2.4. The Employment Strategy also encourages lifelong local employer, local and regional authorities can also apply learning, an important component of any strategy to increase these practices within their own organizations in several ways. employment of older people by enabling them to up-date their skills to cope with evolving work processes.

3.2.5. The Amsterdam Treaty contains a new clause (new Article 13) to combat discrimination on the basis of age. This 3.3.4. Corporate culture: there are several ‘economic’ will be followed up by a new directive, which is expected to be reasons why senior management should support the retention published soon after the Treaty enters into force. and recruitment of older workers: prevention of skill shortages and retention of acquired knowledge (older workers have accumulated experience and best practice that would be lost to the organisation if they were to leave prematurely); maximising recruitment potential (by benefiting from the 3.3. Dissemination of good practice widest possible pool of potential recruits); benefiting from lower staff turnover rates (reduces the cost of repeated recruitment campaigns); promoting diversity in the workforce. 3.3.1. Primary competence concerning employment rests Encouragement from senior management can resist and over- with the Member States, and local and regional adminis- come negative attitudes towards older workers that can exist at all levels in an organization, and can be one of the trations. The single most important contribution that the European Union can provide in this field is probably to most crucial factors in this context. Through accountability facilitate the exchange of good practice in employing older mechanisms (e.g. equality action plans and age auditing) senior management can ensure that corporate age policy objectives workers. are effectively implemented. It is clear that without the backing of senior management, good practice will not take root in an organization. 3.3.2. As a large employer, local and regional authorities can themselves promote good practice in their own operations and administration. Government at local, regional or central level can also promote good practice in many other ways:

— through funding (e.g. wage subsidies; lifelong learning; 3.3.5. A supportive human resource environment: The training courses and grants, etc.); human resources department is the guardian of good practice and can ensure that this is applied through supporting measures, especially in terms of recruitment (removal of — by providing services that do not exist elsewhere (e.g. by age requirements), job design (e.g. flexible working), career providing vocational and further training; careers guidance; planning, training policy (to help older workers adapt and to assistance with job search and interview-training; social increase age-awareness in other staff) and phased retirement support and counselling; and support for start-up enter- programmes. Attitudes towards older workers can be a major prises and self-employment); obstacle, so personnel departments and unions should work together to inform employees and management about ageing and the ‘economic reasons’ for retaining/recruiting older — by enforcing regulations (e.g. anti-discrimination legis- workers and their particular needs, and how to combat lation); prejudice against older people. C 374/40 EN Official Journal of the European Communities 23.12.1999

3.3.6. Commitment from older workers: Older workers work with them, to play a comprehensive role in devising such must be prepared to adapt to a changing work environment, strategies. Regional and local authorities in the Member States and new working practices, just as employers should take their could collect examples of good working practices in services needs into account. For example, older workers must be for the elderly, and exchange these by means of networking. prepared to be trained or retrained to update their skills or acquire new ones, the employer can help by consulting these At the same time, close coordination should be maintained workers in designing training programmes to suit their older between local and regional authorities on the one hand, and employees’ needs. In some cases, older workers may need to national authorities on the other. be flexible with regard to the content and quantity of work, the division between work and leisure time and the transition 4.3. EU policies should pay as much attention to the needs to retirement. of the older section of the population as they do to those of other population groups. The impact of policies on the 3.3.7. Implementation can be best achieved through: open position of older people should be evaluated more effectively communication with staff and their representatives; conscious- than at present. In addition, the EU should draw up an ness-raising among line managers; staged implementation; action plan encompassing the regional and local levels, which regular monitoring and evaluation (workforce profile; recruit- addresses issues relating to ageing. ment profile; training take-up). 4.4. There is a clear value in establishing good-practice networks on the employment of older people within and between Member States. Local and regional authorities across 4. Conclusions: The regional and local dimension and the EU have a wealth of good practice to offer. A great deal older people could also be learnt from large employers in the private sector. Nevertheless, good initiatives are taking place at local and 4.1. The levels of government closest to the citizen, in other regional level through the EU, but they are not getting the words regional and local government, have an important role visibility they deserve to enable other authorities to benefit to play in promoting a spirit of active involvement, social from their experience. participation and economic activity among citizens of all age groups and building solidarity between the generations. 4.5. Therefore the COR proposes drawing up a vademecum of good practice in employment of older people in local and With this in mind, an ideal opportunity for reinserting older regional government as a constructive and lasting contribution people into active life is to use them as instructors to train towards the UN International Year of Older Persons. young people in employment so that society can reap the benefit of the ideas and experiences they have accumulated 4.6. The COR opinion on the Fifth R&D framework stressed over many years in work. the need for research into the ageing population. The new programme includes a dedicated research programme for the 4.2. EU Member States should draw up strategies for the elderly and people with disabilities. More information on and elderly at the regional and local level, aimed at identifying the research into care for the elderly is needed, not least to cope needs and measures to be taken concerning the work, income, with dementia and depression-related illnesses. The local and housing, care, assistance and participation of older people. It regional authorities can play a considerable part in helping to is important for older people themselves, and all those who boost this necessary research.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/41

Opinion of the Committee of the Regions on the ‘Report from the Commission to the Council, the European Parliament and the Economic and Social Committee Final Annual Report on progress in implementing the Action Plan for the Introduction of Advanced Television Services in Europe’

(1999/C 374/10)

THE COMMITTEE OF THE REGIONS,

having regard to the Report from the Commission to the Council, the European Parliament and the Economic and Social Committee — Final Annual Report on progress in implementing the Action Plan for the Introduction of Advanced Television Services in Europe (COM(1998) 441 final);

having regard to the decision taken by its Bureau on 15 July 1998, under the fourth paragraph of Article 198c of the Treaty establishing the European Community, to draw up an opinion on the subject and to direct Commission 3 for Trans-European Networks, Transport and Information Society to prepare its work on the subject;

having regard to the draft opinion (CdR 61/99 rev. 1) adopted by Commission 3 on 15 April 1999 [rapporteur: Mr Pella (I-EPP)],

adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 1.5. The Action Plan decision provides for an annual report on the previous year’s activities to be submitted to the European Parliament, the Council and the Economic and Social Committee. 1.1. Council Decision 93/424/EEC of 22 July 1993(1) authorized an Action Plan designed to ensure the accelerated development of the market for advanced television services using the 16:9 format (16:9 being the screen width/height 1.6. The first report, for 1994, was presented on 16 June 2 ratio), from the date of adoption of the document up to 1995( ); the second, for 1995, was presented on 26 July 3 30 June 1997. 1996( ), and the third report, the subject of the present opinion, covering 1996 and 1997, was published last year.

1.2. The main objective is to develop a critical mass of 1.7. Community funds of up to 228 MECU were allocated advanced television services using the 16:9 format and to for the mid-1993 to mid-1997 period to contribute to the produce a sufficient and growing volume of high-quality 16:9 additional costs of introducing the 16:9 format. Funds could programmes, in order to help achieve the best possible be applied for through calls for proposals. Of this sum, audience figures. 116,2 MECU went to cofinance 25 422 hours of programmes in 16:9: 105,2 MECU to produce 16 856 hours of new programmes, and 11 MECU for 8 565 hours of remastering. 1.3. Initially only pay-TV subscribers could watch digital programmes on 16:9 sets: now, however, due to sales of over 2 million sets, 16:9 is present in an increasing number of 1.8. The Commission granted the final allocation under the households, replacing the old, inherently flawed TV screens Action Plan on 31 July 1997 — 7,8 MECU to support and providing pictures which come close to cinema quality. broadcasting TV programmes in the new format, and 9,5 MECU to stimulate the production of 16:9 programmes.

1.4. The 16:9 format therefore represents the major challenge of the decade, offering images far outstripping conven- 1.9. The document is the final annual report on the Action tional systems, together with digital stereo sound, ideal for Plan, which ended in December 1998 (end date for contracts fiction, documentary, sports and cultural programmes. under Call 97/1).

(2) COM(95) 263 final, 16.6.1995. (1) OJ L 196, 5.8.1993, p.48. (3) COM(96) 346 final, 26.7.1996. C 374/42 EN Official Journal of the European Communities 23.12.1999

1.10. An evaluation report will follow in the course of 2.7. Broadcasters’ and producers’ preferences could be 1999, analysing the impact on the market and the sectors summarized as follows: 70 % of the programmes produced by concerned. The call for bids for the drafting of this report broadcasters were short-life programmes — live studio shows should be published during the summer. or sports programmes — while the remaining 30 % can be broken down into cultural programmes, documentaries and fiction. 85 % of the independent producers’ programmes were documentaries and fiction (i.e. catalogue works). Remaining independent production consisted of broadcasts of cultural events. 2. Content of the report

2.8. By far the most common format for analogue 16:9 services was 625-line video with 11 780 hours, 80 % of which 2.1. The report sets out the results to date in attaining the were produced by broadcasters, while the high-definition Action Plan’s objectives in broadcasting (Section A) and 1250-line video accounted for only 2 779 hours of production programme production (Section B). (falling by almost half since 1993), and given over principally to high-profile sports events (Olympic Games or world championships), cultural events and documentaries with a 2.2. In particular, the results of Calls 96/1 and 97/1, creative content. These productions garner much prestige on covered by the present report, are given. account of the aesthetic quality of high definition television (HDTV) coupled with the 16:9 format.

2.3. Call 97/1 saw the Italian public service broadcaster using the funds available for the first time. The report indicates 2.9. Remastering entails the transfer, onto a master compat- that it would have been reasonable, on the basis of experience ible with 16:9 broadcasting, of programmes originally pro- in other countries, to expect the public broadcaster RAI to duced on another master (nearly always cinema film). Extensive launch 16:9 broadcasting in Italy, at an even earlier stage. In use was made of this process, particularly in the launch fact, however, the first broadcasts were made by small regional phase of 16:9 broadcasting (8 565 programme hours). This stations (Call 95/3), with funds under Call 96/1 being allocated is because it enabled programming schedules to be filled to six broadcasters including four regional ones and, for the immediately much more cheaply than with new productions, first time, two at national level (Cecchi Gori Group). and could be done very rapidly using a good quality original.

2.10. With the constant growth of the 16:9 market, the 2.4. Both pay TV and public service operators gave strong European catalogue for the new format offers a growing support to 16:9 broadcasting. Private broadcasters sounded volume of programmes, and distribution will, in time, enable out the format’s commercial attractiveness in their existing supply to be expanded while reducing demand for programme analogue services, and helped create a sufficient installed base conversion. Conversions fell from 12 % of hours under Call of 16:9 sets among subscribers for the subsequent launch of 93/1 to 4 % under Call 97/1; demand for conversion is digital services. In contrast, public broadcasters strengthened consequently set to fall to negligible levels. the Commission’s initial concern that pay-TV broadcasters’ smaller audience might make them a less effective way of promoting 16:9 services than free-to-air broadcasters with far larger audiences.

3. The Communication and future approaches 2.5. The two categories receiving funds under the Action Plan for production were independent producers (45 % of funds producing 31 % of programme hours) and broadcasters 3.1. The aim of the Action Plan was to boost the market (55 % of funds for 60 % of programme hours). penetration of 16:9 sets, and with an installed base of some two million sets forecast for 1997, the Commission is convinced that the format has a commercial future. It considers that the market has achieved major progress, and has therefore 2.6. A distinction must be made between new productions not planned a sequel to the Action Plan. Now that wide-screen and remastering in order to broadcast existing programmes in exists in the home, it is no longer just an interesting technical 16:9. Between 1993 and 1997, the Action Plan cofinanced the possibility: it is part of the market not only in Europe, but also production of 16 856 hours of new 16:9 programmes, 50 % in Japan and the United States. of which can be stored and repeatedly re-used (including 2 223 hours of fiction, 4 001 of documentaries and 2 515 of cultural events), another 29 % of which were live studio broadcasts (5 043 hours shared between games and live chat 3.2. The European audiovisual industry will, over the next shows, etc.), and the remaining 20 % of which were sports few years, be faced with increasing world competition in events (3 445 hours), just 1 % (130 hours) were cartoons. producing both the technical hardware and 16:9 programmes. 23.12.1999 EN Official Journal of the European Communities C 374/43

3.3. Technological innovation will also pose a permanent 4. Conclusions and recommendations challenge as it represents the only way of keeping the European industry in this sector competitive on world markets. The on-going digital revolution is an aspect of considerable import- 4.1. The Committee congratulates the Commission on its ance: it is set to make a vital contribution to enhanced picture outstanding report, which offers a broad and comprehensive quality for television production in the new format. picture of the results achieved in 16:9 broadcasting. It is full of ideas, and puts forward a detailed picture of the future of television broadcasting and the ancillary industry over the next few years. 3.4. Consequently, it is essential that the European states strive to develop a system of partnership in the coming years, with the aim of optimizing and combining research and production work. This would give Europe a competitive edge 4.2. The Committee agrees with the Commission that over similar US and Japanese productions. adequate penetration of the European 16:9 format market has been achieved, partly reflected in the number of sets: sales of wide-screen sets rose from 220 000 in 1995 to 800 000 in 1997, with sales expected to rise to 3 500 000 in 2000. 3.5. The Commission argues that the Action Plan was effective in helping to introduce the new format and prepare users, broadcasters and producers for the launch of digital 4.3. The Committee endorses the Commission’s view that 16:9 services. the European audiovisual industry must cope with international competition by devising strategies and actions aimed at constantly pushing forward with technological innovation and reaching the level of development crucial to ensuring that 3.6. Marketing of digital 16:9 screen sets boosted sales it can hold its own against this competition. significantly during 1998. Substantial growth is currently taking place in Great Britain and to an even greater extent in the Netherlands and Belgium. The highest rate of penetration has been achieved with 6,5 % of the 6 500 000 Dutch users, 4.4. The Committee is pleased to note that in those representing some 400 000 new sets. European countries where broadcasters have encouraged the introduction of wide-screen sets ready for digital services, the Action Plan has guaranteed the market availability of digital services in this format. The overlap between the profile of 3.7. Pay-TV subscribers are in general the principal pur- pay-TV subscribers and purchasers of 16:9 sets suggests chasers of 16:9 sets. Pay broadcasters in France, Belgium that market convergence between the two sectors is almost and the Netherlands are producing and broadcasting an complete: the new format is set to surf the crest of the digital ever-increasing number of programmes in the new format. wave. The main British networks, including the BBC, expect to switch rapidly to 16:9. 4.5. The Committee notes the speed with which 16:9 broadcasting is spreading around the world, especially in Japan — where 50 of sets are in the 16:9 format — and the United 3.8. 16:9 programming will be best placed for the possible States, where a ‘courageous’ initiative has been launched, introduction of high-definition TV in Europe: the United States proposing its own, fully digital HDTV system which can be have already adopted special regulations to accelerate HDTV broadcast on existing channels via signal compression, but production and broadcasting. It is likely that the choices made without the need for satellite distribution, which is significantly across the Atlantic will also have an impact in Europe. more expensive and complicated to organize.

3.9. If Europe is not simply to fall in line with choices made 4.6. Now that there is an installed base of wide-screen sets elsewhere, it will have to take account of current guidelines in in Europe, whose owners were initially able to take advantage non-European countries, and seek to become a leading, fully of the wave of digital programmes launched by pay broad- informed player on the international scene. It must be equipped casters via cable and satellite, the Committee believes that the with effective technological research and 16:9 programme second phase should focus on free terrestrial broadcasts. production tools. The COR feels that the introduction of digital terrestrial broadcasting techniques (DAB, DVB-T) requires coordinated transitional arrangements, taking particular account of consumer protection considerations. Appropriate strategies must 3.10. It should be noted that the main European TV therefore be developed in the Member States, in conjunction manufacturers (Thomson and Philips) are also active in the with regional and local authorities and involving broadcasters, United States. According to the European Commission, the US associations and industry, to replace analogue broadcasting by will focus more on small HDTV screens for the mass market, digital. Based on that, the Committee of the Regions would while there will be a growing niche market for big screens like to see all Member States address this issue and give (‘home-theatre’). considered backing to a joint European approach. C 374/44 EN Official Journal of the European Communities 23.12.1999

4.7. In the Committee’s view, given that the electronics Europe in this area. To this end, the strategy employed in market has now reached saturation point (with a very high the United States, which offered valuable incentives to all people/TV set ratio) and prices are tending to stabilize, growth broadcasters who rapidly adopted the new digital transmission can only come from technical innovation: competitiveness can standards, merits close examination. be based exclusively on offering enhanced services for the same price. It is therefore important to note that if HDTV 4.11. Since a range of wide-screen sets are now on the advances are to trigger effective, large-scale change, they market, the Committee would also urge broadcasters and must involve the entire image production chain and commit producers to work closely together in a genuine partnership themselves to a fully digital image, as US and Japanese on the new format, working synergically to generate a viable standards have done. supply of programmes, thereby enabling 16:9 services to be made generally available throughout Europe. 4.8. The Committee is convinced that if Europe hopes to obtain similar results, it must foster 16:9 services, especially 4.12. The Committee hopes that the European audiovisual on the less mature markets. industry will be able both to modernize and expand in the face of international competition. If it is to succeed it must pass the 4.9. The Committee hopes that the Commission will sup- threshold beyond which an autonomous impetus resulting in port production and contribute in various ways to developing generalised 16:9 services in Europe can be generated. European 16:9 audiovisual catalogues for documentaries, cultural events or minority sports, as works of this kind can be 4.13. The Committee is convinced that the trickiest obstacle used over long periods of time, enabling millions of citizens to to greater 16:9 penetration is predominantly economic: the become familiar with the local scene (regions and municipaliti- technology needed is very expensive, and the associated es), ranging from customs and traditions, or history and applied research demands funds on a scale that even the culture, to the local economy and tourism. biggest private operators on the market do not have readily available. Under these circumstances, it is imperative that every 4.9.1. In an effort to make local government information effort be made to adjust to the future in a coordinated manner, more accessible to public, telephone call centres have been in order to achieve the European dimension that is essential if developed in recent years. However, due to the recorded- the European audiovisual industry is to hold its own on the question/push-choice process it is often difficult or time- world market. consuming to retrieve the desired information. With the advent of digital and interactive television, this is an appropriate 4.14. The Committee considers that the Commission opportunity to call on the Commission to assist the production should assist the development of existing efforts by arranging of local programme content and interactive services. further funding calls as a sequel to the Action Plan — and not only in the area of advanced television services, but also in the 4.10. Following the final report on the level of penetration radio sector, where private financial resources are very limited. of 16:9 programming to be published by the end of the year, the Committee would urge the Commission to continue 4.15. The Committee agrees with broadcasters in consider- supporting and encouraging the introduction of new tech- ing the 16:9 format to be a key factor in identifying digital nologies into the audiovisual sector, as well as the establish- broadcasting as the ‘television of the future’, since — as ment of new broadcasters — especially at regional and local the report shows — digitalisation is now an increasingly level — in view of the wealth of opportunities forecast for widespread fact.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/45

Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) concerning the financial instrument for the Environment (LIFE)’

(1999/C 374/11)

THE COMMITTEE OF THE REGIONS,

having regard to the list of Commission proposals pending at 1 May 1999 for which the entry into force of the Treaty of Amsterdam entails a change of legal basis and/or procedure (SEC(1999) 581 final);

having regard to the Proposal for a Council Regulation (EC) concerning the financial instrument for the environment (LIFE) [COM(1998) 720 final — 98/0336 (COD) — formerly 98/0336 (SYN)];(1)

having regard to the decision taken by the Council on 18 May 1999, in accordance with Article 265, first paragraph and Article 175 of the Treaty establishing the European Community, to ask the Committee for an opinion on this proposal;

having regard to the decision taken by the Committee’s Bureau on 15 July 1998 to instruct Commission 4 for Spatial Planning, Urban Issues, Energy and the Environment to prepare the Committee’s work on this matter;

having regard to the conclusions set out in the Commission’s Report of 4 December 1998 (COM(1998) 721 final) on the progress made in implementing Council Regulation (EC) No 1404/96;

having regard to the previous opinion on the proposal for a Council Regulation (EC) amending Council Regulation (EEC) No 1973/92 establishing a financial instrument for the environment (LIFE) (CdR 301/95), adopted at its plenary session on 20 and 21 September 1995 (rapporteur: Mrs Du Granrut, PPE);(2)

having regard to the draft opinion (CdR 178/99 rev. 1) adopted unanimously by Commission 4 on 28 June 1999 (rapporteur: Mr Maier, DE, EA),

adopted unanimously the opinion set out below at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction lation (EC) No 1404/96 establishing LIFE II. LIFE II comes to an end on 31 December 1999. As the aim of the LIFE Programme is to make a major contribution towards the 1.1. LIFE has been the EU’s key financial instrument for the Community’s environmental objectives, the Commission pro- environment since 1992. Prior to this date, the EU had a poses a third phase (LIFE III) running from the year 2000 to number of small environmental aid schemes, backed up 2004. by modest funding, and geared to particular sectors or geographically-defined areas. Although some notable successes 1.4. The draft Council regulation under review draws were recorded, this fragmented approach was ultimately lessons from the track records of LIFE I, LIFE II and makes shown to be inefficient. suggestions for improving the programme, particularly with a view to increasing effectiveness and transparency. 1.2. The LIFE Programme has, from the outset, been broadly based and tied in with the Fifth Community Action Programme on the Environment. The LIFE programme is therefore part of 2. Gist of the Regulation an overall EU strategy which embraces all environmental areas (nature, water, waste, the atmosphere) and seeks to incorporate environmental considerations into all measures pertaining to 2.1. LIFE III has three well-defined components (LIFE- the economy. Nature, LIFE-Environment and LIFE-Third Countries).

2.2. LIFE-Nature is designed to help bring about the estab- 1.3. LIFE Regulation (EEC) No 1973/92, which came into lishment of the Natura 2000 European network and force in 1992, was subsequently amended by Council Regu- implementation of the Directive on the protection of the flora, fauna, habitat and wild birds. Support is to be provided, in particular, for conservation projects maintaining or re- (1) OJ C 15, 20.1.1999, p. 4. establishing the natural habitats and populations of endangered (2) OJ C 100, 2.4.1996, p. 115. species. C 374/46 EN Official Journal of the European Communities 23.12.1999

2.3. LIFE-Nature includes two new types of support 3. Conclusions measures: ‘starter’ measures in respect of complex international projects; and ‘co-op’ measures for promoting the exchange of information with a view to improving networking between 3.1. The Committee of the Regions endorses continued projects dealing with similar themes, such as similar species or application of the financial instrument for the environment types of habitat. (LIFE).

2.4. LIFE-Environment promotes the development of inno- 3.2. The Committee of the Regions is pleased to note that vative techniques and methods with the following key objec- the duration of LIFE III is to be five years, i.e. one year longer tives: than that of LIFE II. This will improve the scope for planning projects in the medium term and provide both applicants for aid and authorities with a higher level of certainty when a) to integrate environmental considerations into spatial drawing up their plans. planning, in particular in urban areas,

3.3. The Committee of the Regions welcomes the increased b) to promote sustainable industrial production with a view funding for LIFE III. The increase (LIFE II: ECU 450 m spread to minimising the environmental impact of industrial over four years; LIFE III: EUR 613 million spread over five activities, years) is, however, inadequate in the Committee’s view. However, the increase fails to take sufficient account of a) the c) to recycle waste of all kinds and ensure the sound increased importance attached to environmental protection by management of waste streams, EU policy, as witness the Amsterdam Treaty and b) the fact that the LIFE Programme is already accessible to the applicant d) to achieve sustainable product management, involving in states, thereby significantly increasing the number of potential particular, an integrated approach to production, distri- applicants for aid. bution and consumption which is designed to reduce the environmental impact, 3.4. The Committee of the Regions is pleased to note that the provisions governing the allocation of aid under the LIFE e) to develop new environmental measures. Programme have been made more transparent and that the eligibility requirements have been included in the LIFE Regulation itself. 2.5. In the above mentioned areas, LIFE-Environment will primarily support demonstration projects for techniques which have already gone beyond the purely research phase but which 3.5. In the Committee’s view, however, the principle of have not yet been applied on an industrial scale and are thus sustainability should also be enshrined in the text of the suitable for demonstration by pilot projects. LIFE-Environment regulation. The promotion of sustainable development should thus bridges the gap between research and practical implemen- be included amongst the objectives set out in Article 1 in order tation. to make it clear that the aim of the LIFE Programme is to promote balanced, sustainable development as well as contribute to the development of Community environment 2.6. LIFE-Environment also provides assistance for prep- and sustainability policy in particular as regards the integration aratory measures and accompanying measures. The ac- of sustainability principles into other policies and the companying measures underpin the evaluation and monitor- implementing and updating of legislation. ing of projects and the dissemination of project results.

3.6. The Committee of the Regions welcomes support 2.7. LIFE-Third Countries provides technical assistance with being provided to nature conservation projects that restore the establishment of the necessary environmental capacities and natural living environments and populations of endangered administrative structures in Mediterranean and Baltic third species. In this regard the COR refers to the importance of the countries. The applicant states are not regarded as ‘third ban on shooting birds during the breeding period. countries’ for the purposes of the LIFE Programme. Under the EU accession terms, these states are already able to take part in LIFE-Nature and LIFE-Environment. 3.7. With regard to LIFE-Nature, the Committee of the Regions is pleased to note that the deadlines for submitting applications and for decisions to be taken have been brought 2.8. It is proposed that LIFE III be allocated total funding of forward by three months; this will mean that LIFE-Nature EUR 613 million for the period 2000-2004. The funding is to projects can be implemented one cycle earlier. be broken down as follows: LIFE-Nature — 47 %, LIFE- Environment — 47 % and LIFE-Third countries — 6 %. Aid provided under the LIFE Programme will take the form of 3.8. The Committee of the Regions welcomes the fact that co-financing. The EU contributions will cover between 30 and aid provided under LIFE-Environment is to be concentrated on 50 % of the eligible cost of projects. In the case of particular five key areas nature conservation projects, the rate may be increased to 75 % and for accompanying measures it may even cover — the incorporation of environmental considerations into 100 % of the costs. spatial planning, 23.12.1999 EN Official Journal of the European Communities C 374/47

— sustainable industrial production, of funding. The Committee particularly criticises the fact that the priority areas and preparatory and accompanying measures — waste disposal, have not been determined in close liaison with the Member States and/or regions. As a result, the Member States or regions — sustainable product management, and local authorities have been given too little latitude in their medium-term planning and preparation of projects. — the development of new environmental measures. 3.10. Recipients of funding under the LIFE Programme are However, the Committee feels that the drive for sustainable- obliged to provide very comprehensive reports. With a view development should apply to all ‘business’ activities and not to streamlining administrative procedures, the Committee of just industry. Fundamental challenges requiring an innovative the Regions calls for the reporting requirement to be cut back environmental approach exist in the craft and small-business to the essential level. sector. Waste disposal too should aim for sustainable- development. 3.11. The Committee of the Regions urges that the discussions on LIFE III be concluded as quickly as possible to 3.9. The Committee of the Regions calls for the Member enable LIFE III to follow on seamlessly when LIFE II comes to States or regions to be given an adequate say in the allocation an end on 31 December 1999.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/48 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on ‘The Proposal for a Council recommendation providing for minimum criteria for environmental inspections in the Member States’

(1999/C 374/12)

THE COMMITTEE OF THE REGIONS,

having regard to the proposal for a Council recommendation providing for minimum criteria for environmental inspections in the Member States [COM(1998) 772 final — 98/0358 (COD) — formerly 98/0358 (SYN)];

having regard to the decision taken by the Council on 16 July 1999, under the first paragraph of Article 265 and 175, first paragraph, of the Treaty establishing the European Community, to consult the Committee of the Regions on the matter;

having regard to the list of Commission proposals pending as at May 1999 for which the entry into force of the treaty of Amsterdam entails a change of legal basis and/or procedure (SEC(1999) 580 final);

having regard to Commission 4 working programme for 1998, which was adopted by the Bureau on 15 July 1998, and which directs Commission 4 — Spatial Planning, Urban Issues, Energy and Environment — to draw up the relevant opinion;

having regard to the draft opinion (CdR 179/99 rev 1) adopted by Commission 4 on 28 June 1999 by majority (rapporteur: Margaret Eaton, UK, EPP),

adopted the following opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 2.2. The COR agrees the details set out as to the scope and definitions for environmental inspections and supports the ambition that environmental inspections shall aim to achieve a high level of environmental protection. The COR also 1.1. The Committee of the Regions recognises the concern supports the details relating to: about the state of implementation and enforcement of Com- munity legislation which has grown in recent years, and recognises the necessity of ensuring minimum criteria for — the development of an inspection plan or plans available inspections of industrial premises. It is important that practical to the public according to the provisions of Directive improvements are made to the existing inspection regime. 90/313/EEC;

— the investigation of accidents, incidents and occurrences of non-compliance when they are of a serious nature.

2. Scope of the opinion 2.3. The Committee considers that detailed criteria for site visits should not be introduced and the reports and conclusions following site visits should not be drawn up until action has 2.1. The opinion is orientated towards pollution to air, been taken, wherever possible in conjunction with the IMPEL water and land from point sources which are regulated under network, to establish: Community law. It is intended that it should apply in the first stage to environmental inspections of industrial installations — the exact data the Commission wishes to receive and the which are subject to authorisation, permit or licence under purpose these could serve; Community law. Community environmental law obliges Mem- ber States to ensure that certain emissions and discharges, or activities which may lead thereto, are subject to prior — the practical consequences of such a move, not only for authorisation, permit or licensing requirements. Industrial the Commission but also for the inspection organisations installations and other enterprises and facilities (‘controlled in the Member States; installations’) which are subject to these requirements are or should be inspected by the competent authorities and the — the effects in terms of manpower required, both for the establishment of minimum criteria in respect of such environ- Commission and the Member States; mental inspections will ensure that steps are taken towards achieving a level standard of inspections which would have the added effect of avoiding distortion of competition. — the alternatives available for accessing the desired data. 23.12.1999 EN Official Journal of the European Communities C 374/49

In this context the Committee can well imagine the Com- well as a maximum period between thorough process reviews. mission working with the IMPEL on an internationally practi- Over-prescription should rightly be avoided but, at the same cable format for environmental licences. This could establish time, every authorised process must be subject to a thorough, an important basis for the requisite reports. A transitional regular review or the authorisation and conditions would be period should be laid down for the introduction of such a meaningless (as both the process and the standards to be format. achieved change over time). The maximum review periods should be considered as a backstop because the review of the conditions associated with authorisation by regulators is needed to be ongoing. 3. General comments 3.7. The COR believes that maximum review period 3.1. Having acknowledged the need for such minimum between thorough process reviews should also be established criteria for environmental inspections, the COR believes that for different industrial sectors. The COR envisages a role for the ambition of achieving consistency in standards across the European Environment Agency in this regard — perhaps Member States is critical and is in accord with the Com- IMPEL could also advise. The following criteria could be used mission’s Communication and the Council’s resolution both for setting maximum review periods for a particular sector: of which envisaged a role for IMPEL [The European Union Network for the Implementation and Enforcement of Environ- mental Law] in this context. The regions will participate and — the expected rate of technological change; collaborate in the IMPEL network in drawing up minimum criteria for environmental inspections, and in their implemen- — the likelihood of operators in a sector undertaking tation. improvements on their own initiative;

3.2. The COR acknowledges that EC Directive 96/61/EC on — the risk and level of environmental impacts associated with Integrated Pollution Prevention and Control will result in the the sector; framing of indicative performance standards and more uniform regulation of those enterprises which cause most pollution. — the cost to the regulators and regulated industry of undertaking the review; 3.3. The COR recognises that in some Member States authorisation and control are traditionally carried out by regional and local authorities in addition to the state authority. — the need for the combination of different review periods The draft recommendation should allow these existing tried for different sectors to fit together in such a way as to and tested arrangements to be continued. avoid unmanageable peaks in terms of workload;

3.4. The competence of the inspection is a fundamental — the ongoing review of the BAT reference documents; plank for the whole consideration. The use of secondments and other measures to ensure exchange of experience between the different enforcing agencies and between Member States — sectoral investment cycles; would assist the efforts needed to achieve conformity of standards. An effective training regime throughout the Member States is essential if conformity of standards is to be achieved. — whether or not the operator has in place an environmental This carries with it additional resource implications. management system such as EMAS or ISO 14001.

3.5. The COR considers that the Community eco- 3.8. At present, there is no requirement to make infor- management and audit scheme not only provides a useful mation from inspections publicly available, although the source of information in the context of environmental inspec- Freedom of Access to Information on the Environment, tions, it also provides a framework to enable the controlled Directive 90/313/EEC of 7 June 1990 does allow for it. The installation to address their significant environmental aspects COR welcomes the proposal to make available to the public in a systematic way which supports the ambition of striving details of the inspection and acknowledges this would greatly for a conformity of approach across Member States. The increase public confidence in the regulatory regime. It is eco-management and audit scheme can never replace environ- recognised that some inspections will result in information mental inspections. Rules must be established governing the being gathered which is regarded as either commercially objectivity of delegated inspections as well as the way in which sensitive or that which, if disclosed, would cause potential the authorities would supervise the inspection. problems in relation to national security. In the cases where businesses wish to exercise their right to privacy they would be expected to provide evidence to the regulator to support 3.6. The COR considers that there should be an inspection their position. Appeals against decisions would need to be plan for each controlled activity and type of installation and considered through independent arbitration, perhaps through this plan should contain both a minimum frequency of visit as a judicial system. C 374/50 EN Official Journal of the European Communities 23.12.1999

3.9. The COR acknowledges that it is local authorities that 4. Costs to local authorities are the first point of contact for members of the public seeking information about industrial installations. Where it is the case 4.1. The COR considers that even the adoption of these that there is more than one enforcement agency carrying out minimum standards will result in additional costs for respon- inspections, arrangements are needed to be made between sible authorities. It supports the suggestion for the Commission those agencies to ensure that local authorities can respond to to review the matter of financial support when the reports all reasonable requests for environmental information as set from the Member States are considered for appropriate action. out in Directive 90/313/EEC, irrespective of whether that local The COR suggests that the polluter-pays principle should be authority is the enforcing agency or not. considered in the range of possible funding options at this time. 3.10. Member States should ensure that the investigation of accidents, incidents and occurrences of non-compliance with EC legislation, when they are of a serious nature, whether these come to the attention of the authorities through a 5. Final comments complaint or otherwise, is carried out by the relevant inspecting authority in order to: 5.1. The COR acknowledges that these controlled installations are important ‘wealth creators’ for the Member States a) clarify the causes of the event and its impact on the and the introduction of agreed standards for inspections environment, and as appropriate, the responsibilities and should be considered as a positive measure to ensure fair possible liabilities for the event and its consequences, and compliance with Community-wide legislation. A further con- to forward conclusions to the authority responsible for sideration of installation visits should be to persuade operators enforcement, if different to the inspecting authority; to use EMAS or a similar system. b) mitigate and, where possible, remedy the environmental impacts of the event through a determination of the 5.2. The COR applauds the Commission’s determination to appropriate actions to be taken by the operator(s) and the achieve continual improvement in the standards for environ- authorities; mental inspections and offers its future support in this ongoing and important area of work. c) determine action to be taken to prevent further accidents, incidents and occurrences of non-compliance; and 5.3. The COR invites the European Commission to present future recommendation(s) applicable to other areas of econ- d) enable enforcement action or sanctions to proceed, if omic and administrative activity which impact on the environ- appropriate. ment.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/51

Opinion of the Committee of the Regions on ‘Independent local and regional authority initiatives as instruments of regional policy in a competitive Europe’

(1999/C 374/13)

THE COMMITTEE OF THE REGIONS,

having regard to its Bureau’s decision of 10 March 1999 to draw up, in accordance with the fourth paragraph of Article 198c of the Treaty establishing the European Community, an opinion on independent local and regional authority initiatives as instruments of regional policy in a competitive Europe, and to assign the preparation of this opinion to Commission 1 for Regional Policy, Structural Funds, Economic and Social Cohesion, Cross-Border and Inter-Regional Cooperation;

having regard to the draft opinion (CdR 108/99 rev. 2) adopted by Commission 1 on 30 June 1999 (rapporteur: Mr Menacher, mayor of Augsburg, Committee member, German Association of Cities, D/PPE),

adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction authorities will be seriously affected as they face growing regional competition in a Europe that is becoming ever more closely knit. This applies not least to the drive for modernization and the implications this will have for regional 1.1. The European Union’s structural policy seeks to reduce employment potential. economic and social disparities between the regions. The sixth periodic report on the social and economic situation and development of the regions of the European Union(1) confirms the trend towards growing convergence identified in the earlier periodic reports and in the cohesion report. Overall, Structural 2.2. Eastward enlargement, a logical consequence of the and Cohesion Fund activities undertaken in previous funding European unification process, is taking place against a back- periods may be considered a success. They provide effective drop of increasing globalization of the world economy. New back-up for national and regional policies to assist less viable communication channels make it possible to transmit vast regions. amounts of data across the world instantly and are set to network virtually all the political, economic and social players in the industrialized world. These developments will have a direct impact on the EU’s regions and localities, placing the 1.2. However, this positive development cannot conceal onus particularly on them both as engines of sustainable the persistence of considerable regional disparities. One indi- economic growth, and because of their closeness to the man cator for this is the continuing high levels of unemployment in the street. in the Union. Unemployment varies widely from region to region, with the weaker regions particularly hard hit. Thus, the biggest challenge for structural policy at local, regional, national and European level is to foster an environment which helps create lasting jobs.

3. Strategies to strengthen regional and local authorities in a competitive Europe

2. Changed conditions of economic policy

3.1. The developments outlined above have broadly been 2.1. The planned eastward enlargement will give the Euro- taken into account in Structural Fund planning for 2000 to pean Union a fundamentally new profile, bringing the vision 2006. In this context, fostering sustainable regional growth of a united Europe within our grasp. At the same time, and boosting regional competitiveness are considered appro- integrating new Member States will have a major impact on priate ways to harness the employment potential of the regions the economies of the current members. Local and regional and to create and maintain viable jobs. Jobs are deemed viable when they are generated within a framework of economic development which is committed to the idea of sustainability. In this context, the common key factors of sustainable development are environmental protection, economic (1) SEC(1999) 66 final. efficiency and social solidarity. C 374/52 EN Official Journal of the European Communities 23.12.1999

3.2. Given the financial challenges of eastward enlargement, 3.6. Ideally, the implementation of such independent it was decided under Agenda 2000 to concentrate limited regional and local authority initiatives should be accompanied resources and consistently target their use on supporting the by the creation of so-called ‘centres of excellence’. Centres of most needy regions. This aim is also implied in the Com- excellence target high-level knowledge, skills and technical mission’s call to all local and regional authorities to shoulder and administrative infrastructure on one viable, sustainable more responsibility for themselves, regardless of whether they economic sector. High concentration of key skills in one are designated as support areas or do not enjoy Objective specific sector and region is a factor in the location of centres region status. With the subsidiarity principle in mind, this also of excellence. means that all local- and regional-level players must be aware of the part they can play in balanced regional development. 3.7. The success of independent initiatives and the accompanying emergence of centres of excellence is largely 3.3. This idea has been expressly promoted by the European due to the broad-based networking of — as far as possible — all local- and regional-level decision-makers. Not only can Commission (see inter alia Article 10, ERDF). As far as regional and local authorities are concerned, the new departures networking generate synergistic benefits, but in the implemen- involved may be a way of taking original, exemplary action on tation of regional development strategies, it also makes for the development policy front. With an eye to the associated efficiency and secures acceptance. objective of job creation, a key role should be played not only by Community initiatives but also by the new Objective 3. Objective 3 should be seen as an effective means of backing up innovation strategies at local and regional level, thereby strengthening local employment potential. Local and regional 4. Using instruments of regional policy to boost competi- authorities are indeed fully-fledged actors in safeguarding tiveness employment, particularly by encouraging a business-friendly environment. The new ESF regulation includes a measure for promoting local employment initiatives. It would therefore 4.1. The primary purpose of independent local and regional be desirable for the new Objective 3 to contribute to the initiatives is to boost competitiveness. Following the same line development of new sources of employment, to the promotion as the OECD, competitiveness is deemed to be ‘the ability of of local employment and to territorial pacts for employment. companies, industries, regions, nations and supranational regions to generate, while being exposed to international competition, relatively high income and employment levels.’

3.4. Independent local and regional authority initiatives are already under way today both within and without the ambit 4.2. No satisfactory way has yet been found to present of the Structural Funds. Here, independent initiatives are taken competitiveness empirically as a measurable unit, particularly to mean the targeted networking of expertise from the fields when comparing different regions to determine relative com- of politics, administration, industry, research, development, petitiveness. As the Commission rightly points out in its sixth education and training. Their common purpose is to foster periodic report on the social and economic situation and sustainable economic development in ways that benefit the development of the regions of the European Union, studies in people of the region and help create lasting employment. this field are of limited use. Nevertheless, such studies do constitute a first step towards identifying cause and effect in this area, and, as such, can help assess potential competi- 3.5. Despite differences of approach, these independent tiveness.(2) initiatives should gear their course of action to the objectives set out by the European Commission in its guidance for programmes in the period 2000-2006(1): 4.3. The competitiveness of companies, research bodies, educational establishments and public administration is a core element in regional economic prosperity and in generating a) boosting the competitiveness of regional economies in and maintaining high levels of employment. In models drawn order to create new, sustainable jobs; up in a bid to explain the various different facets of competitiveness, research and technological development (RTD) are considered particularly important for the establishment of b) increasing employment and social cohesion; centres of excellence. Successful RTD activities must not, however, be viewed in isolation. They must be part of a raft of measures which can improve transport and telecommuni- c) promoting urban and rural development in the context of cations infrastructure, upskill the working population and thus a balanced European area. enhance long-term local and regional competitiveness.

(2) The most recent EURICUR study also touches on this issue: (1) European Commission: The Structural Funds and their coordi- European Institute for Comparative Urban Research, Growth nation with the Cohesion Fund: Guidelines for programmes in the Clusters in European Metropolitan Cities: A New Policy Perspec- period 2000-2006 (COM(1999) 344 final). tive, Erasmus University, Rotterdam, 1999. 23.12.1999 EN Official Journal of the European Communities C 374/53

4.4. RTD activities feature strongly in the business and 5.3. COR Commission 1 opened its series of seminars production structures of the most competitive regions. As the entitled ‘Implementation of the reform of the Structural Funds European Commission notes, successful regions generally — 2000-2006 — the contribution of local and regional pursue a strategic approach to innovation, which is the authorities’ in Augsburg on 8 June 1999. In the light of the mainstay of independent initiatives. This includes giving issues considered in the opinion, this initial seminar presented support to companies to enable them to pool their own and discussed a range of different approaches from indepen- resources and experience with those of government agencies, dent local and regional initiatives. The seminar conclusions, research bodies, higher education and training establishments, which are appended to this opinion, provide an overview of economic development associations and other companies. the initiatives put forward at the meeting as examples from Such an approach makes for the more effective use of new various European regions and local authorities. technologies and creates an environment conducive to RTD and product and process innovation. The aim is to generate a critical mass of RTD potential in the regions. 6. Conclusions

4.5. Political decision-makers play a key role in independent 6.1. The Committee of the Regions feels that prime import- local and regional initiatives. They are responsible for defining ance must be attached to fostering the endogenous potential clear political priorities for the parameters which underpin the of the regions in order to boost their competitiveness. This is development of an effective RTD environment: an essential ingredient for achieving the goals set out in the employment policy guidelines for 1999(1) and for creating new, long-term jobs in the regions and localities. a) fostering innovation (new financing methods, new partnership models, establishment of technology-transfer agencies, business incubators etc.); 6.2. The Committee of the Regions recognizes that, to date, European Structural and Cohesion Fund assistance has done much in the pursuit of this goal. In many regions and localities, b) networking; EU support has helped launch successful development strategies, designed in the long term to generate self-sustaining regional growth and higher levels of employment. c) upskilling workers; 6.3. The COR notes that the success of European structural policy is due in no small measure to the efforts of the regions d) taking the lead (sometimes in conjunction with other and local authorities themselves. Scope for independent action, decision-makers). combined with European structural support and support from the Cohesion Fund, ensures that regional policy objectives can be achieved effectively and efficiently in all regions and 4.6. It is thus the task of local and regional authorities to localities. initiate a culture of innovation and excellence and to network the players involved on a wide scale. Independent local and 6.4. The Committee of the Regions calls on the European regional RTD initiatives are thus a way to identify innovative Commission to ensure that, in future too, against a backdrop potential and develop it so as to create new jobs. of genuine subsidiarity, local and regional authorities retain scope to implement their own ‘on-the-ground’ initiatives effectively as instruments of regional policy. European competition rules must be flexible enough to ensure that each region can conduct effective regional structural policy and foster 5. Centres of excellence in Europe independent initiatives. Alongside readiness and ability to innovate, however, it is also important that sound infrastructures are maintained within each territorial unit to enable local and regional authorities to back up sustainable economic 5.1. Over the past few years, independent initiatives have development in their areas. been launched in various European regions both inside and outside eligible Objective areas. At regional level, this has led to the formation of ‘clusters’ in certain sectors, which may be 6.5. The COR would ask the Commission to draw up termed centres of excellence. Although clusters such as these detailed, scientifically based studies or, where these already are sector-specific, they can nonetheless become the driving exist, to consolidate them, taking into account the issues force throughout the whole economic environment. discussed in this opinion. Given changing economic conditions, it would seem logical, particularly as far as demonstrat- ing good practices is concerned, to make the findings of such studies available to all regional and local authorities and to 5.2. The purpose of this opinion is to launch a broad-based encourage their dissemination. exchange of experience and views on the various approaches, and to show how the proposed projects can serve as a model for other regions and localities in order to strengthen their (1) Council Resolution of 22 February 1999 on the employment competitiveness and employment potential. policy guidelines for 1999 — OJ C 69, 13.3.1999, p. 2. C 374/54 EN Official Journal of the European Communities 23.12.1999

6.6. The COR would also encourage the active promotion also be in a position to ensure better complementarity between of exchanges between regional and local authorities, the main such initiatives within the European Union. The Interreg objective being to further expand and build up European-level Community initiative, which has been widened and restruc- networks. Multiplying networks and experience-sharing tured, should be a key tool to carry through and back up such forums will in turn enable local and regional authorities to exchanges of experience. Another useful and logical move multiply their independent initiatives; in this way, they will might be to set up a suitable Internet forum.

Brussels, 16 September 1999.

The President of the Committee of the Regions

Manfred DAMMEYER

APPENDIX

to the Opinion of the Committee of the Regions

Conclusions of the Commission 1 seminar on independent local and regional authority initiatives as instruments of regional policy in a competitive Europe, held in Augsburg on 8 June 1999

1. The COR Commission 1 series of seminars entitled ‘Implementation of the reform of the Structural Funds — 2000-2006 — the contribution of local and regional authorities’ opened in Augsburg on 8 June 1999. The purpose of this seminar was to present and discuss independent initiatives from various different European Union towns, cities and regions.

1.1. Analysis of the factors influencing the competitiveness of local and regional authorities produced varied results. The issues addressed, however, are representative of the position in most European regions and local authorities.

1.1.1. Infrastructure in its broadest sense must be seen as the basic precondition for any kind of sustainable economic development. In terms of business location, infrastructure requirements are expected to become less significant as a factor of interregional competition once ongoing developments in this field have broadly converged at a high level. This process is still under way.

1.1.2. Increasingly, other elements are becoming more important as regional success factors in a competitive Europe. These include, in the first place, innovation, reflected in the regions, for instance, in the number of patent applications and new business start-ups. Appropriate structures must be set in place in local authorities and regions to harness and further expand innovation potential. This applies in particular to research and development activities, education and upskilling.

1.1.3. The networking and involvement of all relevant decision-makers at local and regional level must — together with new forms of cooperation among the economic and social interest groups — be seen as keys to success in a competitive Europe. There should be some attempt here to make the hierarchical relationship between the different decision-making levels (local, regional, national and European) less rigid. We should work towards achieving complementarity between the various tiers.

1.2. The independent initiatives put forward as part of the seminar set out lines of approach for securing a successful place in a competitive Europe. 23.12.1999 EN Official Journal of the European Communities C 374/55

1.2.1. The example of the city and region of Eindhoven in the Netherlands clearly demonstrated how European structural policy can successfully be linked to independent regional initiatives. Thanks to the efficient use of European structural assistance (the Stimulus programme, promoted under Objective 2), in conjunction with national and regional co-financing, it has been possible to establish a critical mass of companies and research and development agencies in the field of mechatronics. The resultant diversification of business structures in the region has led to a sharp drop in unemployment over the past few years. It will be interesting to track the impact of phasing-out — to be completed by 2006 — on this dynamic development process.

1.2.2. In implementing new development strategies, a key consideration for regions and local authorities should be to reinforce home-grown potential. This means that regions should analyse their strengths and weaknesses and consciously continue to build on their strengths. In this respect, it is particularly important to take account of the identity of a region as it is fixed in people’s minds.

1.2.2.1. A prime example put forward in the field of tourism was the Rovaniemi region in Lapland, Finland, and its Christmas Triangle project. This area has managed to assimilate difficult climatic and natural conditions into a tourism scheme which successfully markets the Christmas theme all year round.

1.2.2.2. The structurally weak Kalmar region of Sweden has been given a new profile by specialising in the music and events industry, in conjunction with the use of new media. With Swedish government backing, operations developed since the early 1980s are to continue to be built on to create a high-tech centre for music production and the staging of special events (Rock’n Roll City). Another key element here is the establishment of appropriate infrastructure for research and upskilling.

1.2.3. The success of independent initiatives rests not least on the scope available to launch and implement effective regional development measures locally. This requires extensive decentralisation of the remit for regional policy action and decision-making.

1.2.3.1. The environmental centre of excellent established in the German region of Augsburg-Swabia is based on such an approach. The targeted establishment or relocation of environmental research and administrative agencies has enabled the region to build on its existing strengths in the environmental technology sector in such a way that a broad network of expertise in this field is now established there. A contact point has been set up to provide close organisational links between partners from politics, business, research and science. Such a structure also secures broad acceptance and transparency for the project in the private sector, as witnessed, for example, by the successful establishment of an innovation centre for environmental technology.

1.2.3.2. The main focus of the Parque Tecnologico Industriale Romano project in Rome, Italy, is to put together an environmental science park. The main purpose of this park will be to establish the idea of sustainable urban development in the minds of all players in society and thus, in the medium- to long-term, to give the city and region a common new identity. One of the key challenges which has thereby to be addressed at regional level is how to redefine, in large conurbations, the traditional relationship between cities and their surrounding areas.

1.3. To sum up, features of successful independent local and regional initiatives include:

a) broad-based networking of all players and decision-makers and full use of the potential synergistic benefits that implies;

b) a shared desire to cut a distinctive image in a particular sector, with aggressive marketing of the operations involved;

c) the ability to recognise and tap into the region’s existing potential;

d) and finally, the willingness to provide an open forum for new ideas and thus to take consistent advantage of opportunities. C 374/56 EN Official Journal of the European Communities 23.12.1999

Opinion of the Committee of the Regions on ‘The European Model of Sport’

(1999/C 374/14)

THE COMMITTEE OF THE REGIONS,

having regard to the consultation document of the European Commission’s Directorate-General X on ‘The European Model of Sport’ and the working document of Directorate-General X on ‘the evolution and prospects of the Community’s action in the field of Sport’;

having regard to its Bureau’s decision of 15 July 1998, under the fourth paragraph of Article 198c of the Treaty establishing the European Community, to draw up an opinion on this subject and to direct Commission 7 (Education, Vocational Training, Culture, Youth, Sport and Citizens’ Rights) to undertake the necessary preparatory work;

having regard to the draft opinion (CdR 37/99 rev. 2) adopted by Commission 7 on 1 July 1999 [rapporteurs: Mr Mientus (D) (PSE) and Mr Grafé (B) (PPE)];

having regard to the COR’s Opinion of 20 November 1997 on Equal opportunities for girls and boys in leisure activities and especially in EU youth and sport programmes (CdR 182/97 fin) (rapporteur: Mrs Barbro Sundback)(1),

Unanimously adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 2.2. European sport and the structures which have been developed to support it — described by the Commission as the ‘European model of sport’ — are enormously varied and 1.1. In the face of the challenges currently facing sport, the complex. They have led on the one hand to the idea of ‘sport Committee of the Regions believes that the EU should make for all’, which places the emphasis on the social value of sport a contribution to the debate on improving the sporting in education, environment and health, and on the other to a environment, without losing sight of the principle of subsidiar- multifaceted model of competition which, as the Commission ity, the responsibilities of national, regional and local auth- clearly brings out, is characterised by a promotion/relegation orities in this sector and, above all, the independence of sports system. bodies. It therefore welcomes the Commission’s full analysis of the distinctive features of European sport in the consultation document produced by DG X — ‘The European Model of 2.3. As sport has acquired an increasingly high media Sport’. It particularly welcomes the process of open consul- profile, it has had to take on board two new aspects, which tation used to produce this analysis, as it enabled all the parties may both be relevant, depending on the popularity of the concerned to express their standpoints. sport: (a) the economic aspect and (b) the idea of sport as entertainment. 1.2. The COR calls on the Commission to take note of its views in this matter in the report that the Vienna European Council invited it to submit to the Helsinki European Council 2.4. Sport has come to play a significant economic role, on safeguarding current sports structures and maintaining the both for the individual and from the point of view of trade, social function of sport in the Community framework. industry, tourism, entertainment etc. The funding of sport at all levels, particularly the top amateur and professional levels, and the pressures and influence exerted by television and commercial sponsors on the organisation of competitions call for budgetary and business strategies which no longer relate 2. General comments solely to sporting considerations. The original status of sportsmen and women has thus changed radically and the sporting movement is faced with constraints which are beyond 2.1. By raising the issue of sport in the EU, the Commission the scope of the traditional structures of federations and clubs highlights its undoubted importance for the Member States, as originally conceived. especially at regional and local level. It has evolved into an important and indispensable factor in society. 2.5. Sports federations are increasingly faced with commercial issues; they have evolved into enterprises providing services in the sports sector or have even become, in certain areas of (1) OJ C 64, 27.2.1998, p. 81. top-level competitive sport, businesses subject to the laws of 23.12.1999 EN Official Journal of the European Communities C 374/57 the market. More and more they are taking on the role of attention to the role of schools in sport in general, and to their employers in their own right. This implies in particular the role in the academic education of top amateur and professional obligation to become more involved in the training of sportsmen and women sportsmen and women.

3.1.5. The COR realises that the high profile and media 2.6. Consequently the COR stresses that the European impact of sport may also lead to manipulation action in sporting movement must show pragmatism and consistency political, economic, social and individual terms. However, the in tackling the economic constraints which have arisen sport itself should not be held responsible for what society or because of the way it has developed. In this connection, the individuals choose to do with it. The COR calls on the promotion/relegation system, which the Commission quite Commission to always make a sharp distinction between the rightly points to as the main feature of the European model of sport itself and any misbehaviour. sport, would seem to be an important factor. Although this system may well satisfy sporting requirements, it is no longer adequate for a professional sector seeking the financial 3.1.6. On the subject of changes (point 2) the COR investment required for its development. considers that the description of developments is inaccurate, incomplete and also partly untrue. A large number of sporting 2.7. It is a considerable challenge to preserve the cultural, events other than competitions were already taking place educational and social values of the European model while before 1950. The parallel drawn between European integration integrating it into a coherent business framework which and European sports competitions seems contrived, given that reconciles sporting interests with the economic stakes of the European championships have existed since as early as 1886. sporting world. To this end, proposals should be drawn up for harmonising the general conditions governing professional sportsmen and women. This would include initiatives to 3.1.7. The COR would emphasise that, although the contri- combat unfair competition between financially strong and bution of sports lotteries in most EU Member States is not financially weak associations. negligible, sport is funded chiefly by national, regional and local authorities. Although business sponsorship has now become an inevitable financial top-up, in most cases this only applies to sports where the professional sector has a high media profile. The COR would therefore like to see some 3. Specific comments thought given to appropriate measures to reduce the differences between the financial resources of federations administering high-profile sports and those promoting activities which do not meet media and in particular ratings criteria. The 3.1. Chapter 1: The European Model of Sport COR feels that the Commission should not play down the contribution which sportsmen and women, their families and 3.1.1. In its analysis in Chapter 1, the Commission tries to thousands of volunteers make to sports funding. demonstrate the problems it has encountered in applying economic criteria to sport, and identifies the various interest groups (associations, clubs, organisers, the media, etc.) and main problems. 3.2. Role of the national federations (point 4.1)

3.1.2. The COR would emphasise that sports clubs play a 3.2.1. European sport is managed on the basis of one fairly considerable part in the cultural and social development federation at EU level and of national and regional federations, of our society. It feels that the Commission has ignored the in accordance with the legal structure of each Member State. essential role of local authorities in providing support for local The COR considers it important to preserve this rule for sporting activities, in terms both of funding and infrastructure. European sport by means of political and administrative The COR feels that the Commission should highlight this measures. This should be backed up by the EU’s business aspect and state its readiness to preserve and support it. legislation.

3.1.3. The Commission contrasts the European system with the one in North America. In the COR’s view, the latter is 3.2.2. In the developed European world of sport (the centred too much on a business and market-oriented approach European model of sport), each level of the federation system to sport, making a clear distinction between professional and (pyramid model) has its own specific role. At the top of the amateur sport and giving them totally separate structures. The pyramid, the European federations are primarily responsible COR therefore retains its faith in and asserts its preference for for technical rules, competition provisions, organisation of the European socio-cultural model. competitions at European level and cooperation between national federations to promote and develop sports. Further- more, one of the federations’ key roles is to train and 3.1.4. The COR, like the Commission, would emphasise permanently monitor the officials needed for the development the special characteristics of the European model and does not of athletes at all levels. The question of whether a European want the inclusion of an economic factor to jeopardise league can be properly and effectively managed must be traditional values. It asks the Commission to pay particular decided by the relevant federations themselves. C 374/58 EN Official Journal of the European Communities 23.12.1999

3.2.3. The COR would point out that real market oppor- 3.4.3. Whether the principle of solidarity can be upheld tunities exist for only a very few federations (football, tennis, depends on the formation of supranational leagues. If such motor sports). The national federations are usually able to leagues are set up under the competence of the European fulfil their commercial role. federation, the solidarity principle ‘holds good’. However, if a ‘closed league’ is set up outside the federation, then sound economic principles should always be applied. 3.2.4. The idea of ‘sport for all’, which is widespread in Europe, involves individual sporting activity independently of sports associations. It is therefore an important factor in 3.4.4. The COR believes that the few federations which can promoting the health and well-being of the general public. raise substantial revenue through marketing activities and Investment by the public sector or by public associations in broadcasting rights should be eligible for exemptions, e.g. this area is consequently appropriate to this type of activity. from the competition restriction. The COR would stress that this in no way clashes with the activities of sports federations, which are more closely geared to their own specialities. 3.4.5. To date, sports federations at national and European level have not been applying the solidarity principle adequately. Almost all income from the sale of television rights remains in 3.2.5. The COR feels it is unlikely that federations will lose the professional sector. A large part (as much as possible) of grassroots members or top members if conditions ensure that this revenue should in future be passed on to the youth and the sports federations at national and European level are amateur sectors, so as to take pressure off the sports promotion sufficiently robust. budgets of local and regional public bodies.

3.2.6. The COR would emphasise that the federations must be free to decide autonomously which events, measures and 3.4.6. Though the equality principle is not yet being put competitions they want to organise at European level. The role into practice, it could be achieved if certain exceptions from of the EU here is simply to create the economic and social sound financial practice were made absolutely conditional on environment in which sport can develop satisfactorily. compliance with appropriate requirements.

3.3. Closed competitions (point 4.2) 3.5. Promotion of sport (point 4.4)

3.3.1. The COR would point out that this is primarily a 3.5.1. The problem of how to attain the objective of technical issue. The necessary decisions will have to be taken promoting sport is dealt with in point 3.4.6. by the federations concerned as a matter of their own responsibility. It is not appropriate for the state to intervene here. However, if federations are not strong enough to resolve 3.5.2. Public funding for sports is based on the principle of the issue themselves in a spirit of solidarity, then sound subsidiarity and can only become relevant where clubs and economic principles should always be applied. associations are unable adequately to fulfil their social role using their own resources. The contribution to be made by clubs and associations themselves should therefore be topped up by revenue from commercial activities. 3.4. Solidarity (point 4.3)

3.4.1. The COR would emphasise that solidarity is a 3.5.3. The COR considers that use of public funding is only principle intrinsic to sport. The educational and social role of justified for areas of sport that are in the public interest sport is to a large extent determined by the concept of (welfare-oriented) or non-profit making. Hence public funds solidarity. This social function is a fundamental part of may not be drawn on to provide financial support for the the European system, and the Vienna European Council in promotion of professional sport and commercial activities of December 1998 specifically asked that it be maintained within sports organisations. the Community framework. Sport can only be entitled to ‘special treatment’ if solidarity is practised at every level of sporting activity. This applies both to clubs, which must make 3.5.4. The COR would stress that, with a few exceptions their contributions to sports associations at regional and (football, tennis, motor sports), the national federations are supraregional level, and to associations, which must fulfil their unable to provide funding for youth and amateur sports from duties towards clubs and their members. their own resources, which means they are dependent on regional authorities (municipalities and Länder) for promotion of these sectors. 3.4.2. One of the objectives of EU sports policy should be to fight against the distinction between top-level sport and youth and amateur sport. It is unwise to base the approach to 3.5.5. The question of whether sport can be adequately sport on this distinction, for these two facets intermingle promoted with a system of closed competitions is dealt with permanently and influence one another. in point 3.3. 23.12.1999 EN Official Journal of the European Communities C 374/59

3.6. European model of sport (point 4.5) 3.8.2. Solidarity means that the commercial gains made in a certain small number of sports should not be amassed by privileged sectors of the sporting world, but be available to 3.6.1. The COR considers that the sports structure help fund the costly youth and amateur sectors. The trend developed in Europe should in principle be supported and towards privatising ‘commercially viable sports’ and promot- maintained. It would emphasise that it is not the government’s ing youth sports through public money must be resisted. This task to oversee sports structures and organisations. That must can only be achieved by making sport associations better able remain the responsibility of independent sports organisations. to provide support. This should be one objective of an EU However, the state must regulate so as to create an environ- sports policy. ment in which sport and sports organisations can fulfil their role.

3.8.3. An important and appropriate way of ensuring that joint (or association) interests prevail over private interests is 3.7. Chapter 2: Sport and Television through collective selling (i.e. by several associations grouping together) of copyright, retransmission rights or television rights. 3.7.1. The chapter on sport and television essentially gives an accurate picture of the problems faced, although the analysis is occasionally cursory, inaccurate and on certain points imprecise. For instance, the COR would say that sport 3.8.4. Only very few associations (football, tennis, motor and television have been developing in tandem only in respect sport) are able to derive substantial income from collective of the small number of sports that attract media attention, selling. They should be invited to make proposals to the which are more in the public eye than the world of mass sport. Commission for a differentiated and transparent system of allocating revenue. In the COR’s opinion, as much income as possible from television rights should be earmarked for youth 3.7.2. The media strongly influence the development of and amateur sport activities in order to relieve the pressure on sport, but this factor is not adequately illustrated by the public regional sports promotion budgets. examples given. It is wrong to say that income from television broadcasts has become the main source of funding for most types of sport. Only a very small number of sports attract the level of media interest required to achieve this. 3.8.5. Institutional coordination is also essential if there is to be effective cooperation between professional sport and sport for young people and the general public. Such coordi- 3.7.3. The focus on the narrow sector of media sports is nation could operate either within a sports association span- understandable given the role of the broadcasting market, but ning both sectors or on the basis of contractual agreements. this should not be allowed to obscure the world of sport as a whole, which represents a much broader sphere in economic terms. Since media sports have an indirect impact on the whole spectrum of sports in Europe, decisions about the legal framework for this sector have both medium-and long-term 3.8.6. As to whether collective selling should be permitted implications for the future structure and organisation of sports as a means of guaranteeing fair competition or whether it in Europe, with which the majority of Europeans identify should be linked to a solidarity fund, the COR considers that, through belonging to clubs and associations — and even in as mentioned in point 3.8.2 as high as possible a proportion of other contexts. television revenue — which is tax-exempt for the beneficiaries and/or sports associations — should go to the youth and amateur sectors. Here the solidarity fund issue is less important.

3.8. Collective selling and duration of exclusivity (point 9.1) 3.8.7. Sporting events and competitions of commercial interest to the media are organised by associations at certain 3.8.1. Sport in Europe is essentially shaped by the work of times of the year (competitions, tournaments, cups). It would sports associations and clubs, which deliver an important and be sufficient if exclusive rights were granted for only one of comprehensive public service by providing sports facilities and those occasions. Holders of exclusive rights should also be able competition opportunities for everybody, on a voluntary basis to authorise their sale to third parties or to effect such sales and throughout the European Union. This effort deserves to themselves. be supported and encouraged through public funding, especially at regional level, where development has been guided by the principles of subsidiarity and solidarity. The principle of subsidiarity requires that public funding can only be in the form of top-ups, i.e. to supplement existing resources 3.8.8. Associations should be obliged to call for tenders and means. when exercising their collective sale rights. C 374/60 EN Official Journal of the European Communities 23.12.1999

3.9. Interpenetration between sport and the audiovisual industry 3.11. The role of public TV (point 9.4) (point 9.2) 3.11.1. In view of their basic public service role, public 3.9.1. The COR considers that the purchase or control by broadcasting companies must provide comprehensive and the media or business of national league sports club facilitates well-publicised coverage of the full range of sporting activities the corruption of sport. Sports associations should be given Besides shaping opinions and fostering political awareness, the legal means to prevent such takeovers through their articles the traditional broadcasting role has a cultural dimension, of association. embracing culture in the broader sense, which naturally includes sport. 3.9.2. The conversion of sports clubs into business organisations would allow interpenetration and make it possible to 3.11.2. At the moment public broadcasting companies are control several clubs involved in sports competitions. It would barely meeting this requirement, if at all. More pressure must then become easier to manipulate competition results and be put on them to respect this obligation. compromise the future of sport.

3.11.3. Public television should show minority sports as 3.9.3. To safeguard the sporting ethic, businesses should part of its public service role. In Germany, public TV channels not be allowed to purchase sports clubs. That would run are required to give adequate programming time to all sports, counter to the principles underpinning sport as well as the including ‘minority sports’. objectives of cooperation between sports organisations.

3.11.4. With regard to question 1, the COR challenges the Commission’s view that the public service role does not 3.10. The right to information (point 9.3) encompass sports programmes. However, a list of criteria should be drawn up that can be used to assess whether a given event falls into the category of pure entertainment, and should 3.10.1. The COR sees pay-TV as posing a risk to sport if therefore not be shown by public TV, or whether it is one pay-TV channels acquire exclusive rights with excessively where the nature and objectives of sport are central and hence lengthy, and therefore generally unacceptable, lifespan. They covered by the public service role. could be tempted to pay large sums of money for such exclusive rights in order to secure a foothold and develop markets. Public access to televised major sporting events would then be seriously impeded and market distortion would result. So as to safeguard the aforementioned social role of sport, it is 3.12. Chapter 3: Sport and Social Policy necessary to ensure that public channels retain broadcasting rights to sports events and consequently to regulate in an appropriate manner the world of pay-TV which, because of 3.12.1. In Chapter 3 the Commission tackles the social its exclusive rights to broadcast certain sports events, is aspect of sport. It highlights the social functions of sporting undermining the right of everyone to enjoy sport as a activity and the areas where they operate: (a) education, spectator. (b) environment, (c) health and (d) employment.

3.10.2. In view of their socio-political responsibility and 3.12.2. In the face of today’s social challenges, clubs and the principle of solidarity sports associations should be associations have tended to monopolise the concept of sport, encouraged to reject agreements that might well bring them an idea often conveyed by political decision-makers. A similar short-term financial gains but would prevent the general public phenomenon can be observed in the heath and welfare sector, from seeing sporting events on television. Such practices which has been taken over by the private sector for purely would compromise the development of sport in Europe and commercial purposes (fitness centres). ultimately rebound on the sports associations themselves. 3.12.3. In the education sector, the COR believes the EU 3.10.3. If TV channels become shareholders in major has a key role to play in recognition of the qualifications, vital European clubs, they will affect the decisions taken by leading to organisation of the sporting movement. In addition, the EU European sports bodies. In other words, they will influence the should make it easier for sportsmen and women and coaches rules of the game more, making sports more of a spectacle and to practise in the various Member States by encouraging the above all dictating the organisation and timing of matches. removal of obstacles to free movement. Sports ethics are therefore under threat. 3.12.4. The COR would emphasise that sport is a cultural 3.10.4. In order to ensure that the broadcasting of major component of our societies, a vector of individual and social sports events is not monopolised by coded or pay-TV channels, values; it contributes to the well-being of all and to their the TV without frontiers directive must be applied by all integration into society. These are important values, flowing Member States so as to guarantee free access for television to naturally from the practice of sport and the structure of the major sports events. sporting movement. 23.12.1999 EN Official Journal of the European Communities C 374/61

3.12.5. We may therefore ask: ‘Can using sport for purposes enable it to set up structures which guarantee that everyone other than leisure and transcending one’s limits provide can practice a sport, whatever their level of competence. constructive answers to the problems of society? If so, does there need to be a special policy for implementing this aspect which is alien to the sporting movement and its spirit?’ 3.13. Sport and equal opportunity 3.12.6. The sporting movement is an integral part of our society. The COR would stress that there is nothing better than 3.13.1. The COR would stress that a ‘sport for all’ policy the club for promoting this ideal and helping young people to based on the principle of equal opportunity is an integral part develop their personalities and physical fitness and become of the European model of sport and must be supported and socially integrated, possibly via the sport itself. One of the promoted. This means guaranteeing that all citizens, including basic aspects of the social role of sport is also its capacity to those with disabilities and regardless of age, sex, race or further the social integration of the physically or mentally social/economic background, are able to practice sport. This handicapped. The task of the sporting movement should approach includes measures to create conditions encouraging therefore be recognised and confirmed. This calls for genuine girls and women to take part in sporting activities and in the recognition of the sporting movement as a social partner. The management of decisionmaking and administrative bodies, in COR would emphasise that sports clubs are not businesses the light of their own particular needs as highlighted in the and sports associations are not industrial organisations in the COR opinion on equal opportunities for girls and boys company law sense but associations which fulfil a public in leisure activities and especially in EU youth and sport function, essentially on the basis of a voluntary commitment programmes. Promoting such accessibility to sport means that by members of the public. The sports sector is nevertheless an sports facilities must be expanded. Some countries of the important economic sector, representing more than 1,5 % of European Union are currently discussing changes to the school the EU’s GNP, and as a service sector it offers a wide range of year, and this will mean rationalizing the use of infrastructure outlets. and hence new investment by local authorities, who are responsible for the sports facilities attached to schools.

3.12.7. The COR therefore believes it essential that the sporting movement’s relationship with the EU should be founded on principles which, while respecting the individual rights of sportsmen and women, safeguard the independence 3.14. Sport and doping of the sporting movement and hence its ability to move with the times and adapt to changes in the rules laid down by the world sporting movement. The Commission must also 3.14.1. The COR notes with satisfaction that, at its meeting intervene, where it has the authority to do so, to further the in Vienna on 11 and 12 December 1998, the European individual protection of sportsmen and women and their Council emphasised the need to intensify the fight against personal fulfilment. doping and invited the Member States, the Commission and international sports bodies to look in particular at better coordination of existing national measures. 3.12.8. A warning note nevertheless needs to be sounded. Managing sport by means of regulations and circulars is no easy matter. Sport is an extremely varied activity, both in 3.14.2. The COR would stress that national measures need sporting and in political terms. to be coordinated and harmonised if prevention, investigations and sanctions are to be effective, since this is a problem which goes beyond national frontiers. The COR therefore supports the European Parliament’s call for the Commission to submit 3.12.9. Apart from the fact that each sport has very specific proposals for a harmonised public health policy to combat characteristics, the institutional approach to sport varies from doping (Resolution of 17 December 1998). one EU country to another (see annex), thus complicating the task of coordination at European level. 3.14.3. The COR would draw particular attention to the need to compile a common list of substances which are 3.12.10. Further, the various aspects of sport which could banned in the EU, to avoid an abnormal situation in which prompt the EU to intervene, encompass a number of very substances are permitted in some Member States and banned different fields — education, health, safety, environment, in others. employment, training, infrastructure etc. — which in many Member States do not come within the remit of the minister for sport. 3.14.4. The COR notes the proposal to set up an international anti-doping agency recently tabled by the IOC at its World Conference in Lausanne in February 1999. The 3.12.11. The COR would emphasise that the Commission’s Committee believes such an agency should be independent introduction of an overall policy for sport must give appropri- and should be responsible for verifying compliance with ate pointers so that the sporting movement has rules which minimum standards for checks and sanctions. C 374/62 EN Official Journal of the European Communities 23.12.1999

3.14.5. The COR notes with satisfaction the conclusions of meeting of sports ministers of the European Union in Pader- the informal meeting of Sports Ministers of the EU in born on 31 May-2 June 1999, which called on the European Paderborn, on 31 May-2 June 1999, which stressed that the Commission to set up a working group to work out how the course of the IOC World Conference on Doping in Lausanne concerns of sport can be taken into account in the EU Treaty. demonstrated the importance and interest for Europe to speak The subsidiarity principle is in fact vital here since local and with one voice on the establishment of an Anti-Doping Agency regional authorities play a key role in social integration. and endorsed coordination with the Council of Europe on this Against this background, these authorities are in a position to matter. It welcomed the creation of an independent and use sport as a means of promoting integration. They should transparent international Anti-Doping Agency which would therefore be allowed sufficient freedom of action to achieve involve the European Union. this, in addition to the establishment of a global European Union sports policy. 3.14.6. The COR notes that very young athletes can be involved in doping (sometimes as young as 12) and advocates 4.3. The COR notes with satisfaction the conclusions of the paying particular attention to protecting young people against 1st EU Conference on Sport, on 20-23 May 1999 in Olympia, this practice. It also backs the European Parliament’s call which highlighted the conviction that European Sport as for EU support for education and awareness campaigns, diverse as it may be, has common characteristics that need to particularly in schools, youth clubs and youth organisations. be preserved from possible commercial distortions. It was stressed that democracy and solidarity, the two principles 3.14.7. In this context the Committee notes the need to defining European sport, need to be preserved and that sport oppose the trend towards the unbridled commercialisation of should be able to fit into the new commercial framework in sport and distortion of the public image of sport in the media, which it has to evolve without losing its identity or autonomy, which can lead to the destruction of purely sporting values as upon which its social dimension rests. a result of drug-enhanced performance. 4.4. The COR notes that because the powers conferred on the EU by the Treaty have so far been limited to the economic aspects of sport, the basic premises of sport and its importance 4. Conclusions for a citizens’ Europe have been unduly obscured. The COR considers that a European policy for sport should be developed 4.1. Sport is an everyday fact of life for Europeans. More with greater emphasis on the vital cultural and socio-economic than 100 million Europeans practice a sport and there are role of sport in Europe. This policy, quite apart from purely thousands of sports clubs as well as many associations and economic questions such as sporting competitions and legis- federations. From the point of view of a citizens’ Europe, sport lation governing restrictive agreements law, the free movement has more to contribute than any other measure to the of professional sportsmen and women or television without formation of personal identity; because of what it can achieve frontiers, should cover topics such as the contribution of sport in terms of education, health and social integration it represents to Agenda 2000, the public utility of clubs and foundations, a cultural and social phenomenon which is increasingly and the special importance of voluntary activity, the contri- coming to be recognised as an important factor both in the bution of sport in the context of a European voluntary service, lives of people in Europe’s regional and local authority areas its input in revision of the European programmes for youth, and for the whole process of European integration. integration of persons with disabilities, measures to assist women, action against hooliganism, and the impact of the 4.2. The aim of a European Union sports policy should tobacco and alcohol advertising ban on the financing of therefore be to introduce and develop, by suitable changes to sporting events. European legislation, a framework of conditions which will enable sport in European regional and local authority areas to 4.5. The phenomenon of sport in European regional and fulfil its socially valuable tasks and which will promote its local authority areas also depends on the general conditions development, with due regard to the principle of subsidiarity framed at European level. Any future European policy for and the responsibilities of national, regional and local auth- sport should therefore aim to preserve and develop European orities, as well as the independence of sports organisations. sporting structures along the lines of a ‘European model of The COR welcomes the invitation put forward at the informal sport’.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/63

APPENDIX

to the Opinion of the Committee of the Regions

HOW SPORT IS ORGANIZED IN EUROPE

GERMANY

GENERAL FRAMEWORK FOR SPORT

Germany has a federal structure comprising 16 ‘Länder’ (states). This federal structure means that responsibilities pertaining to matters of sport are shared between the different ‘Länder’.

Organized sport falls mainly within the remit of non-government sporting organizations.

The federal government, ‘Länder’ and local authorities provide the legal and material basis and support for sports bodies which have insufficient staff and financial resources. The subsidiarity principle is applied to any promotional measures. The constitutional division of responsibilities, sponsorship and the public promotion of sport come under the responsibilities of the ‘Länder’.

The federal government is principally concerned with national and supranational sporting issues.

AUSTRIA

GENERAL FRAMEWORK FOR SPORT

The way sport is organized in Austria is based on the activities of autonomous federations and clubs.

The state does, however, have a number of responsibilities for providing support, particularly at the level of the nine ‘Länder’, but also at national level.

GOVERNMENT STRUCTURES

National

The Federal Ministry for Education and Cultural Affairs is responsible solely for school sport (physical education). Other tasks such as the allocation of subsidies to sports bodies, clubs and local authorities and the promotion and organization of national sporting events come under the responsibility of the federal chancellery.

Regional

Legally, sporting issues fall within the (autonomous) competence of the nine federal ‘Länder’ which are thus responsible for promoting sport in general. The sports councils (Landessporträte) are responsible for the administrative side of sport. Cooperation has been set up between the federal and ‘Land’ bodies to coordinate promotional measures of national interest.

BELGIUM

GENERAL FRAMEWORK FOR SPORT

Sport in Belgium is organized on a voluntary, independent basis by sports associations. Public authorities have a mainly complementary role to play which consists of measures to encourage people to practise sport and to support private initiative, subject to certain conditions. This complementary role does not prevent public authorities taking their own initiatives (such as Sport for All, training for sports administrators, etc.).

Sport comes under cultural issues and therefore falls within the responsibility of the three communities which make up Belgium. C 374/64 EN Official Journal of the European Communities 23.12.1999

DENMARK

Sport in Denmark is covered mainly by the non-government sector and is amateur-based. Despite growing support from the public authorities, the freedom and independence of voluntary bodies are not only respected, but considered a key tool in teaching practical democracy. Public authorities must create the framework necessary for people to be able to practise sport, while it is the job of voluntary bodies to encourage and organize sport within this framework.

The public and voluntary sectors favour recreational sport rather than competitive sport, and attach key importance to sport at local level.

Local authorities grant financial aid to local sports clubs in the form of investment for building and operating sporting facilities. In addition, there are grants for local club activities and for the hire of halls and sports fields.

SPAIN

At present sport in Spain is organized on the basis of cooperation between the public and private sectors. Both sectors are responsible for the promotion and development of physical and sports activities.

The main public bodies are:

— the Higher Sports Council;

— generally, in each autonomous community, a Directorate General for Sports;

— at local level, a Sports Council.

Sport in the private sector is organized in parallel with the allocation of administrative responsibilities:

1) at national level:

— the Spanish Olympic Committee (COE);

— sports federations for the various disciplines;

— professional leagues with professional teams;

— a number of multi-sports associations;

2) at autonomous community level:

— regional federations for the various sporting disciplines;

— regional sporting associations;

3) at local level:

— sporting associations and clubs.

FINLAND

GENERAL FRAMEWORK FOR SPORT

The general aims of Finnish sporting policy were set out in the law on sport which came into force in 1980.

Responsibilities are shared out as follows: public administration of sport is responsible for creating conditions favourable to sporting activity, while sporting organizations are responsible for holding sporting events.

FRANCE

GENERAL FRAMEWORK FOR SPORT

Sport is organized and developed on the basis of a specific system which brings together public bodies and private groups within a specific legislative and regulatory framework. 23.12.1999 EN Official Journal of the European Communities C 374/65

This particular approach to the public administration of physical and sporting activities is based on the recognition that these activities are in the public interest and is a special feature of the French sports system.

GREECE

GENERAL FRAMEWORK FOR SPORT

The Secretariat-General for sport and the Ministry for Education are developing Greece’s sports system with two main objectives:

— high level economic and scientific support for sport in cooperation with sporting federations and scientific sports centres;

— economic and organizational support for sport amongst the general public, both at central and local level, in collaboration with local authorities, clubs and other social and sporting institutions.

‘Sport comes under the supreme protection and supervision of the State’ (Article 16 of the Constitution).

IRELAND

GENERAL FRAMEWORK FOR SPORT

Irish sports policy is firmly based on the principles of the European sports charter, but factors such as research into participation levels and strategy also influence decision-making.

The government’s sports policy recognizes the independence of sporting associations and has undertaken to make a contribution to the development of sport.

ITALY

GENERAL FRAMEWORK FOR SPORT

Sporting activities are organized by the sports movement, from the clubs at grassroots level to the Italian National Olympic Committee (CONI) at its head.

The State plays a complementary role and undertakes to promote the conditions for the general public to be able to freely practise their preferred sports.

The ‘institutional’ law on the CONI (1942) did not delegate any of the State’s powers to this Committee but formally recognized the role and responsibilities it had already been exercising since it was set up.

The State allocated the proceeds of sports betting to fund the CONI (1948) and confirmed its status as public body.

The CONI therefore has three key functions:

— it is a non-governmental public body;

— it is the Federation of Sports Federations;

— it is the National Olympic Committee recognized by the IOC (International Olympic Committee).

LUXEMBOURG

GENERAL FRAMEWORK FOR SPORT

Sport in Luxembourg is hallmarked by a complementary approach and division of tasks between the autonomous sports movement and public authorities at national and local level. C 374/66 EN Official Journal of the European Communities 23.12.1999

PORTUGAL

GENERAL FRAMEWORK FOR SPORT

The government is involved in organizing sport through the State Sports Secretariat, which is answerable to the Prime Minister and has government administrative back-up from three public bodies: the IND, CAFD and CAAD.

The Secretary of State for Sport is responsible for sport at government level and is responsible for policy and decision-making. He is supported on the operational side by the three public bodies responsible for the coordination and development of State action and administrative and financial support for sporting activity, under the supervision of the member of government responsible for sport.

UNITED KINGDOM

GENERAL FRAMEWORK FOR SPORT

The bodies responsible for sport and leisure are the Department of National Heritage, the Scottish Office, the Welsh Office and the Northern Ireland Education Department; the Welsh Sports Council, the Scottish Sports Council and the Northern Ireland Sports Council; local authorities; national associations; federations; and the voluntary and commercial sectors.

Local authorities’ commitment to sporting needs is covered by a variety of official measures which are not, however, mandatory. Local authorities are under no legal obligation to provide conditions favourable to practising sport.

The UK Sports Councils of England, Scotland, Wales and Northern Ireland are the agencies for developing and financing sport and are responsible in a variety of ways for promoting sport, improving participation in sport, raising performance standards and improving infrastructure.

SWEDEN

GENERAL FRAMEWORK FOR SPORT

Sport in Sweden is a vast, independent movement managed by a central body: the Swedish Sports Confederation.

Local sports clubs do, however, constitute the basis of the sports movement.

The Swedish system allocates a central role to the Swedish Sports Confederation. Although the confederation is a strictly non-government body, the government has delegated a number of tasks to the confederation. The government finances the confederation and provides a minimum of finance for the administrative work of the federations.

NETHERLANDS

GENERAL FRAMEWORK FOR SPORT

The development and implementation of sports policy come under the shared responsibility of the public authorities and autonomous sports organizations. The private sector is free to determine its own policy for which public authorities provide financial, organizational and infrastructure support.

The basic principle is therefore that public authorities are not involved in determining policy, insofar as national sports organizations are capable of taking responsibility for this themselves. Nevertheless, this principle does not prevent the public authorities — as part of the trade-off between public support and private initiative — from retaining some policymaking independence on the basis of their own responsibilities for sports. 23.12.1999 EN Official Journal of the European Communities C 374/67

Opinion of the Committee of the Regions on the ‘Annual Report of the Cohesion Fund — 1997’

(1999/C 374/15)

THE COMMITTEE OF THE REGIONS,

having regard to the Annual Report of the Cohesion Fund 1997 (COM(1998) 543 final);

having regard to the letter of 7 October 1998 from the European Commission consulting the Committee on the subject under the first paragraph of Articles 161 and 265 of the Treaty establishing the European Community;

having regard to the decision of the bureau of 18 November 1998 to instruct Commission 1 for Regional Policy, Structural Funds, Economic and Social Cohesion and Cross-Border and Inter-Regional Cooperation to prepare the opinion;

having regard to the Draft Opinion (CdR 2/99 rev. 2) adopted by Commission 1 on 30 June 1999 [rapporteur: Mr Vieira de Carvalho (P, EPP)];

referring to its Opinion on the Proposal for a Council Regulation (EC) amending Regulation (EC) No 1164/94 establishing a Cohesion Fund and the Proposal for a Council Regulation (EC) amending Annex II to Regulation (EC) No 1164/94 establishing a Cohesion Fund (CdR 235/98 fin)(1);

referring to its Opinion on the First cohesion report (CdR 76/97 fin)(2);

referring to its Opinion on the Proposal for a Council Regulation (EC) establishing a Cohesion Fund and the Proposal for a Council Regulation (EC) laying down detailed rules for implementing Regulation (EC) establishing a Cohesion Fund (CdR 16/94)(3);

referring to the Opinion of the Economic and Social Committee (Section for Economic and Monetary Union and Economic and Social Cohesion) on the Annual Report of the Cohesion Fund 1997 (CES 192/99)(4);

referring to the decisions on Agenda 2000 taken by the Heads of State or Government on 24 and 25 March 1999 in Berlin,

adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 2. General comments

1.1. The Commission report covers Cohesion Fund decisions taken during 1997. The Fund is an instrument set up by the Maastricht Treaty, with the aim of boosting economic 2.1. The Committee of the Regions congratulates the and social cohesion by offering financial assistance to the less prosperous Member States (Greece, Ireland, Portugal and European Commission for the substantial improvement in the Spain) for environmental and transport infrastructure projects, report, noting that the comments made in previous opinions have been taken on board. These have produced adjustments and in order to enable these countries to carry out national programmes to meet the convergence criteria for the third to the way the document is presented. stage of economic and monetary union. 2.2. The Committee notes with satisfaction the detailed coverage of the main developments in each country. However, 1.2. 1997 was the Fund’s fifth year of operation in the four greater harmonization of the descriptive analysis in each case beneficiary countries: the strategy employed in previous years would be advisable, in order to facilitate comparison of data was not substantially altered. from country to country.

(1) OJ C 51, 22.2.1999, p. 10. 2.3. Similarly, the Committee recommends the use of (2) OJ C 379, 15.12.1997, p. 34. diagrams and maps wherever possible to illustrate the overall (3) OJ C 217, 6.8.1994, p. 1. progress of the projects financed and their geographical spread: (4) OJ C 116, 28.4.1998, p. 10. this would make for faster consultation and use. C 374/68 EN Official Journal of the European Communities 23.12.1999

2.4. The legal and administrative procedures governing the 2.12. The Committee welcomes the Commission’s proposal management, operation, evaluation and monitoring of projects to set up a Pre-Accession Structural Instrument (ISPA), to have been stabilised, and the report shows that this has help the candidate countries achieve Community transport benefited the application of the Fund. infrastructure and environmental standards.

2.5. The Committee welcomes the findings of the London 2.13. The Committee welcomes the monitoring and control School of Economics study, which showed a strong positive work undertaken by the Monitoring Committees in each relationship between public and private investment, resulting Member State, and by the inspection missions for projects in significant long-term employment effects, and also assisted by the Fund. important economic spillovers between regions and between the cohesion countries and their neighbours. 2.14. According to the Report the Commission only knows of one case of irregular use of Cohesion Fund resources. The Committee is pleased to learn this since that implies that 2.6. The Committee also welcomes the evaluation ex-post resources are used properly in the vast majority of cases. programme, which bears witness to the Commission’s concern However, the Committee has noted the Commission’s obser- for project assessment. The COR hopes that the programme vation that national authorities fail to monitor systematically will provide analysis data and comparable results for the four the use of funding for Cohesion Fund projects etc., which beneficiary countries, in order to improve evaluation ex-ante aggravates the risk of fraud. Further, the Committee observes and project monitoring. that the Commission considers that it is difficult to assess the impact of the appropriations earmarked for fraud prevention in the absence of notifications of cases of fraud. The Committee 2.7. The Committee welcomes the efforts of the beneficiary regrets that the Commission has found grounds for such Member States to meet the public deficit targets set by the serious criticism and fully supports all efforts to achieve more Council. It does, however, recommend that the Member States effective prevention of irregularities and fraud in all Structural maintain these efforts, and that the Commission carefully Fund areas. All authorities concerned must shoulder their monitor the budget situation and strive to increase awareness responsibilities in this connection. of the Fund in the beneficiary countries whenever necessary.

2.8. The Committee of the Regions notes the decision taken by the Heads of State or Government in Berlin that the four 3. Specific comments current beneficiary countries will continue to be eligible within the Cohesion Fund framework beyond 2000 and that eligibility will be reviewed in 2003, midway through the planning period. The COR acknowledges the vital role played by the 3.1. Management of financial assistance Cohesion Fund in furthering convergence between Member States, but also notes that to date none of the beneficiary countries has reached the threshold of GNP of 90 % or more of the Community average. 3.1.1. The Committee is pleased that once again the budget implementation objectives for both commitments and payments have been fully met.

2.9. The Committee points out that while progress has been made in the cohesion countries in both the transport and 3.1.2. The Committee notes that between 1993 and the environmental sectors, much remains to be done in terms of end of 1997, the Fund committed around two thirds of its improving the relevant infrastructures. Given the need for overall budget allocation for the first stage of the Cohesion constant improvement in both euro and non-euro countries, Fund (1993-99). it is right that the Fund should continue.

3.1.3. The COR is also pleased to note that once again, 2.10. The Committee supports the decision to amend, the allocation of funding has remained consistent with the rather than replace, the current regulation governing the Fund. indicative breakdown among the eligible Member States, in It believes that this will permit a smooth transition between accordance with the provisions of Annex I of the regulation the financing periods. establishing the Fund.

2.11. With regard to other Community policies, the Com- 3.1.4. The Committee notes with satisfaction that in 1997, mittee would highlight the Commission’s coordinating work, for the first time, investment in the environment (54,4 %) was particularly concerning legislation in such fields as the environ- greater than that in transport (45,5 %), redressing the low ment, the trans-European transport network and the Structural levels of the previous years. It also notes that a similar trend Funds. occurred in nearly all countries. 23.12.1999 EN Official Journal of the European Communities C 374/69

3.1.5. For the 1993-1999 period, the Committee welcomes 3.1.13. The Committee stresses the need to safeguard the the improved balance in distribution of Fund resources future funding of small-scale projects. It is convinced that in between the transport and environment sectors (50,8 % and spite of the need to finance large-scale projects and to ensure 49,2 % respectively). No major difficulties are thus expected in a strategic approach to project development, a number of continuing this trend for the entire 1993-1999 period of the small-scale projects, especially in the area of the environment, first generation Cohesion Fund. could be of particular value in the cohesion countries. It is vitally important that local authorities set their own priorities in this regard. 3.1.6. The Committee must, however, emphasize that the sums invested in nature protection and improvement of the urban environment remain low, although these are crucial factors in safeguarding quality of life.

3.2. Subsidiarity and partnership 3.1.7. Attention is bound to focus on the urban environment over the coming years, especially in view of the acknowledged powerful current trend towards urbanisation on the European continent, where some two-thirds of the 3.2.1. The Committee calls upon the Commission to ensure population lives in urban areas which barely occupy 1 % of that local and regional authorities are involved at all stages of its surface area. Urban areas are thus subject to greater the Fund from priority-setting to monitoring and evaluation. environmental pressures, such as air and water pollution, contaminated land, generation of liquid and solid waste, and noise. Future assistance must pay due attention to these problems, for which society is coming to demand increasingly 3.2.2. The Committee would argue that this also means high standards. that all applications for funding should be accompanied by opinions, drawn up by the regional and local authorities of the regions concerned, on the regional and inter-regional impact 3.1.8. Although road projects continue to receive the bulk of the projects in question. When approving projects, the of Cohesion Fund support (57 %), the COR welcomes the Commission should take account of these opinions, issued by significant increase in the share of the transport budget going the authorities who are directly concerned. to railways, accounting for almost a third of overall transport commitments in 1997. 3.2.3. The COR recalls that a number of initiatives in this 3.1.9. The Committee must point out the low level of area emanate from local or regional authorities. It therefore investment (1,7 %) in the port sector in 1997, particularly recommends that Cohesion Fund rules be applied in a more since sea transport is of considerable economic importance in flexible way, as they stipulate that applications for Fund the four beneficiary countries. In this respect, the Committee support must come from central governments. The COR urges would urge the Commission and the cohesion countries to the Commission to be more open to intermediate tiers of step up sea and inland waterway port projects, in order to authority: this would facilitate dialogue and help to secure promote and develop a sector which is crucial to consolidating projects of great potential which might not otherwise come to these countries’ links with the outside world. light.

3.1.10. In this regard, the role of intra-European coastal 3.2.4. Although it welcomes the greater commitment to shipping should also be strengthened, providing an alternative public/private sector partnerships, the Committee feels that to congested goods transport routes on land and ensuring a decisions on the revenue-generating potential of the projects more balanced environmental and spatial planning solution, and their suitability for private sector involvement should be which offers clear advantages in terms of speed and cost/ef- made at national level following consultation with the local ficiency. and regional authorities involved.

3.1.11. Still within the transport sector, the Committee would stress the need to implement intermodally-based pro- 3.2.5. The COR would point out that the interests of private jects, so as to make transport systems as a whole more efficient and regional/local operators may often differ and that this can and assure smoother movement of persons and goods. stand in the way of private sector funding. There are often difficulties in encouraging such investment in transport and environmental services in certain more peripheral areas of 3.1.12. Similarly, future actions should encourage an countries. There is also a need to ensure that there is an increase in logistical centres, with the aim of introducing rapid equitable provision of infrastructure and services and it should and effective distribution of goods; in turn, these should be be emphasized that in some cases local and regional authorities linked with multimodal centres so as to connect the various are best placed to provide (finance) and maintain this type of modes of goods transport. infrastructure. C 374/70 EN Official Journal of the European Communities 23.12.1999

4. Conclusions investment in nature protection and improvement of the urban environment. 4.1. The Committee notes the decision reached by the 4.3. The Committee considers that the future funding of Heads of State or Government in Berlin that the four current small-scale projects must be safeguarded, recalling that some beneficiary countries will continue to receive assistance under of these have had a considerable impact, particularly in the the Cohesion Fund after the year 2000 and that eligibility will area of the environment, and that it is vitally important that be reviewed in 2003, midway through the programming local authorities set their own priorities in this regard. period. 4.4. The Committee calls upon the Commission to ensure 4.2. The Committee is pleased to note a better balance that local and regional authorities are engaged at all stages of between investment in the areas of the environment and of the Cohesion Fund, and recalls the importance of initiatives in transport. It must, however, draw attention to the low level of this area on the part of local and regional authorities.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/71

Opinion of the Committee of the Regions on the ‘Proposal for a Council Regulation (EC) on the common organisation of the markets in fishery and aquaculture products’

(1999/C 374/16)

THE COMMITTEE OF THE REGIONS,

having regard to the Communication from the Commission to the Council and the European Parliament on the future for the market in fisheries products in the European Union: responsibility, partnership, competitiveness (COM(1997) 719 final);

having regard to the Proposal for a Regulation (EC) from the Council on the common organisation of the market in fishery and aquaculture products (COM(1999) 55 final — 99/0047 CNS)(1);

having regard to the 1992 United Nations Conference on Environment and Development in Rio de Janeiro. In particular Chapter 17 of Agenda 21 which addressed the issue of sustainable use and conservation of marine living resources of the High Seas;

having regard to the Commission Decision dated 4 March 1999 to consult the Committee of the Regions on this issue, in accordance with Article 198 C (first paragraph) of the Treaty establishing the European Community;

having regard to the Bureau decision dated 7 May 1999 instructing Commission 2 — ‘Agriculture, Rural Development and Fisheries’ — to draft the opinion;

having regard to the draft opinion (CdR 182/99 rev. 1) adopted by Commission 2 on 16 June 1999 [rapporteurs: Sir Simon Day (UK, EPP) and Mr Nordwall (SV, PES)],

adopted this opinion at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 2. The proposed regulation

1.1. The Commission’s communication(2) set out some 2.1. The regulation proposes a thorough overhaul of the guidelines as to how the markets in fishery products could be organisation of the markets in fishery and aquaculture prod- improved. Extensive consultation followed within the industry ucts, in particular: at large and the Commission has now published its formal proposals at the behest of the Council of Ministers. — to enable the common organisation of the markets in these products to contribute to the responsible management of resources, 1.2. Some of the aspects included within that debate have been covered in proposals already published, and on which the Committee of the Regions has already commented. Future — to improve transparency and knowledge of the these proposals are anticipated relating to market transparency. markets, including amongst consumers,

— to give greater responsibility, in particular to producer 1.3. The current proposal on the common organisation of organisations, to achieve optimal management of resources the market in fishery and aquaculture products is intended to and returns, replace that which has existed since 17 December 1992 3 [Regulation (EEC) No 3759/92( )] as well as consolidating into — to encourage partnerships between different operators to a single regulation the provisions of Council Regulation (EEC) maximise efficiency, No 105/76(4), on the recognition of producer organisations in the fishing industry, and No 1772/82(5), laying down general rules pertaining to producer organisations. — to encourage greater use of forecasting by producer organisations, to adjust supply and demand,

— to improve market stability by encouraging fixed price (1) OJ C 78, 20.3.1999, page 1. contracts, (2) COM(1997) 719 final, 16.12.1997. (3) OJ L 388, 31.12.1992, p. 1-36. (4) OJ L 20, 28.1.1976, p. 39-41. — to revise the intervention arrangements to improve (5) OJ L 197, 6.7.1982, p. 1-2. efficiency, C 374/72 EN Official Journal of the European Communities 23.12.1999

— to raise competitiveness, 2.7. Article 7 affords discretion to Member States to recognise, in addition to those set up under Article 6, producer organisations that agree and undertake to improve the quality — to clarify and simplify existing regulations. and marketing of certain fishery products in accordance with the Regulation (EC) No 2406/96(2). In this respect, attention 2.2. Articles 1-3 make no change to what is currently in needs to be made to further development of vertical inte- force, although the definition of fishery products needs gration, especially between family businesses or groups of clarification. As drafted, it would appear that aquaculture businesses and the retail chains and supermarkets. As reflected products are solely farmed and not taken from the sea. There in earlier opinions, we believe that assistance to the fisheries is no distinction made between exclusively wild-caught species, industry should be undertaken in a less discriminatory manner such as crab, urchins, etc., and exclusively farmed species such and that assistance is not geographically limited according to as oysters. There are also species that can be either caught or the whim of the Member State. farmed, e.g. scallops and mussels. The list of fishery products set out in the Table under Article 1 refers to various ways in which crustaceans and molluscs can be processed but omits 2.8. Article 8 allows Member States, in certain circum- ‘depuration’, a technique used throughout the EU. At all events, stances, to ensure that non-members of producer organis- essentially sedentary species such as non-marine-fauna bivalve ations, in broad terms, do not undermine the price stability molluscs (clams, razor shells, cockles), gasteropod molluscs objectives of producer organisations and Article 9 provides for (ormer), bivalve molluscs Pectinidae (scallops) and crustaceans financial compensation in certain circumstances. Whereas, such as barnacles, which are taken from natural beds, should though, Article 8 reproduces Article 5 in Regulation (EEC) be considered in the same way as the same products when No 3759/92, there is one significant change in that the they are farmed. provisions relating to non-members only apply for a maximum period of 12 months. It is not clear whether this is for the purpose of regular review but, as drafted, it could be construed 2.3. Article 4 brings in a new provision which in respect of that this will be an absolute limit. retail sales will necessitate effective labelling. This will need to show the local market name of the species, the production method (taken at sea or farmed) and the geographic area, by 2.9. Article 10 requires all producer organisations in reference to ocean or sea, of the catch. We would welcome advance of each fishing year to submit operational pro- this as a minimum requirement but wewould still hope to see grammes showing their marketing plans and how they intend greater local branding of fish and aquaculture products. To to manage the output of their members. Grant aid to a facilitate marketing of fish products, including by tele- producer organisation will be withdrawn if these plans are not auctioning, it is important that there are quality criteria. These submitted or where it has failed to implement planned are laid down currently in Regulation (EEC) No 103/76(1) and measures. If a producer organisation is penalised twice, the are enforced by Member States. third offence will lead to withdrawal of recognition.

2.4. Articles 5-12 cover regulations for producer organis- 2.10. As drafted, Article 10 is unworkable. Whereas it is ations. The latter are in effect suppliers’ co-operatives, set up reasonable for a marketing plan to be prepared in advance of to assist the offshore fisheries industry in ensuring a regular the first year, it is not possible to finalise a catch plan until the supply of fish to the market, but where appropriate within final quota is determined. In practice this can be as much as quota limits, and may exercise an intervention policy to six months into the fishing year in question. The fact that not provide a more stable price for fish. all species are necessarily subject to quota does not invalidate the need to defer the catch plan, as the amount of quota will influence the extent to which non-quota fish are caught. 2.5. Article 5 therefore sets out the rules for the operation of producer organisations and the obligations of their members. A new provision is proposed in Article 5 para- 2.11. However, recognising the additional burden that graph 1(b)(4) which, although not directly within the remit of Article 10 imposes on producer organisations, Member States marketing organisations, encourages producers to consider the are obliged, under Article 11, to provide additional grant aid delicate nature of the marine environment and promotes for a period of five years following the year in which they are fishing methods which complement moves toward sustain- granted recognition. This is welcomed. ability.

2.12. Article 12 provides additional grant aid to producer 2.6. The recognition of producer organisations is under- organisations which can prove that at least 10 % of their taken by Member States and Article 6 sets out the procedure production will be sold through pre-sale contracts. The for this and also the withdrawal of recognition. Provision is purpose of this provision is to recognise that such contracts made in Article 38 for reference to, and resolution by, a help to plan supply. Grant aid is proposed for five years Management Committee for Fishery Products, representative starting on 1 January 2001, the date from which it is proposed of all the Member States, in the event of dispute.

(1) OJ L 20, 28.1.1976, p. 29-34. (2) OJ L 334, 23.12.1996, p. 1-15. 23.12.1999 EN Official Journal of the European Communities C 374/73 that the new regulation comes into force. However, during 2.16. Article 20 defines the Community withdrawal price 1998, proposals were published by the European Commission as between 70 % and 90 % of the guide price, subject to certain to amend Regulation (EEC) No 2847/93(1) on control regu- adjustments, but that in no circumstances will the withdrawal lation. These include a provision under which a Member State price exceed 90 %. may require that the first marketing be by sale at an auction centre. If adopted, such a provision would be in conflict with the proposed Article 12 or, at the very least, could be 2.17. Article 21 provides financial compensation to pro- discriminatory. ducer organisations implementing a price intervention policy. Producer organisations must use the Community withdrawal price as its norm, but are allowed to vary this by up to 10 % 2.13. Articles 13-16 cover interbranch organisations and either way to reflect, in particular, seasonal fluctuations in agreements. Whereas producer organisations cover the off- market prices. Such financial compensation will be paid only shore fishing industry, recognition is also available to organis- where products are withdrawn from the market and either ations or associations which represent a significant share in disposed for other than human consumption or do not the production, trade or processing of fishery products, subject otherwise interfere with normal marketing. to certain conditions and types of activity undertaken. Thus, for example, the study and development of techniques to optimise the operation of the market, including information 2.18. The amount of financial compensation and the and communication technology, the regional branding of fish quantities eligible will be gradually reduced during the 2001, products and organising training schemes to improve product 2002 and 2003 fishing years but producer organisations will quality, would all be appropriate activities. Nothing must be be expected to offset that through their own intervention done, however, which hinders competition. Non-compliance funds. However, the financial compensation proposed in with the conditions will lead to withdrawal of recognition. Article 21, paragraph 3(a), is significantly less then the current There are similar provisions for non-members as for those regime and, whilst recognising the need to reduce the reliance relating to producer organisations. Unlike producer organis- on intervention, the scale of reductions proposed are unreason- ations, there is no grant aid provided specifically for able. interbranch organisations but it is our view that, to improve market efficiency, there should be initial grant aid over a three-year period to facilitate their establishment. The 2.19. Under Article 23, where products are withdrawn discretionary element relating to recognition should not be from sale due to their inability to meet the withdrawal price made mandatory provided, of course, that the pre-conditions and, in respect of certain products, a buyer has not been found are met. at the Community withdrawal price (subject to the 10 % tolerance factor) and the product is then stored or preserved, ‘carry-over aid’ may be payable. There are limits to what can 2.14. Articles 17-24 govern the principles of intervention. be claimed and in any event the grant aid will not exceed the The first relates to pricing policy. Article 17 gives producer costs of preservation or storage. Of the permitted processing organisations the right to set a withdrawal price, in effect a methods, marinating is now included. The discretionary reserve price, below which they will not sell. Removal of element in this Article should be made mandatory, as provided products withdrawn from the market in this way must be in the original Regulation (EEC) No 3759/92. undertaken in a way which does not interfere with the normal marketing of the product concerned. In order that producers are compensated for the unsold catch, producer organisations 2.20. The effect of this provision is to encourage producer are empowered to fund this from an intervention fund. The organisations to use this facility as a temporary withdrawal latter is replenished in part by way of a levy on successful from the market rather than a permanent withdrawal and the sales. Details of the list of products applicable, the duration in revised grant aid system is designed to provide an incentive for which withdrawal prices are applicable and the level of this to happen. In the context of fishery resources, this is a withdrawal prices proposed and applied have to be notified to sensible direction to take. the Member State concerned.

2.21. For those producer organisations that set their own 2.15. Under Article 18, the Management Committee for withdrawal prices under Article 17, a flat rate grant is payable. Fishery Products will set a guide price, applicable throughout We are pleased to see that this is mandatory. However, the EU, in advance of the fishing year, or part of a year, in Article 24, paragraph 5, appears to be contradictory. In any question, in respect of each fish product. The guide price will event, the quantities eligible for flat rate aid should remain take into account the average prices received in the previous unchanged from that specified in the original Regulation (EEC) three years, current trends in supply and demand, the need to No 3759/92. stabilise prices, avoid unnecessary surpluses and to balance the interests of producers and consumers. 2.22. Article 25 provides for private storage aid for products that are frozen on board vessels. The rules for this are similar to carry-over aid set out in Article 23 but, for the same reasons as set out in paragraph above, the discretionary (1) OJ L 261, 20.10.1993, p. 1-16. element should be removed. C 374/74 EN Official Journal of the European Communities 23.12.1999

2.23. Articles 26-27 are concerned with compensation — the additional allowance in respect of the reform of the payments in respect of tuna fish for canning. The European market organisation is expected to cost 3m euros in 2001, Commission believes that whilst there are no significant rising to 5m euros in 2003 and 2,7m euros in 2004 and changes as to the principles of these compensation payments, 2005. The schedule shows a credit of 4,5m euros in 2006 the threshold for payments is too high and, as a consequence, which is not explained. If this figure is reduced to zero likely to result in payments being made when the grounds for then this column in the table adds up correctly. them could be insufficient. The proposal is that the threshold is reduced from 91 % to 85 % of the Community producer price. The COR disagrees with the Commission proposal, and 2.27. Taking these figures as stated, noting that they thinks that the threshold should remain at 91 %. represent estimated maximum figures, the assistance provided to support the common market organisation for fisheries products rises from 20m euros in 2000 to 25m euros in 2003, 2.24. Articles 28-30 concern trade with third countries. In falls to 22,7m euros in 2004/2005 and falls further to 15,5m order to ensure more competitive and stable supplies to the euros in 2006, assuming that there is not a 4,5m euros credit processing industry, particularly of species which the EU is (see previous paragraph). unable to provide or only in small amounts, it is proposed to suspend import duties on these products, but only if the imported value is equal to, or higher than, the intervention price adopted within the EU. 3. Conclusions

However, the COR thinks that consideration should be given 3.1. The proposal largely consolidates existing regulations, to the position of certain ‘sensitive products’ such as loin fillets but the main emphasis is on increasing efficiency and there is of tuna, so that they continue to be covered by the present a welcome recognition of the role of producer organisations quota system with CCT duties remaining at 24 %. in achieving that. However, it is vital that the regulation reflects practicalities, especially in relation to the timescale for the production of marketing and catch plans. 2.25. There are some general provisions included within Articles 31-43. The most significant is the continued provision 3.2. There is a need to ensure consistency of approach by of a Management Committee for Fishery Products as provided all Member States and therefore elements of discretion should under Article 37 and its jurisdiction on disputes, and the be removed. ability to make new measures, under Article 38.

3.3. One of the efficiency gains that could be achieved is 2.26. The financial table incorporated in the annex reveals through encouraging greater co-operation and communication that: between the managers of fish auctions and fish catchers in the various regions of the EU and the use of electronic auctions. Financial assistance to facilitate the greater use of electronic — annual expenditure on community withdrawal and carry- auctions would help develop this initiative. over grant aid will fall from 12m euros in 2000 to 7m euros from 2003; 3.4. The proposals to improve labelling to give details of origin are welcomed. These could go further to extend — annual expenditure on independent withdrawals and carry into regional branding and marketing but, as a minimum over grant aid will remain unchanged at 3,5m euros; requirement, are acceptable.

— annual expenditure on private storage aid will be increased 3.5. The effect of reducing intervention aid is to put EU from 0,5m euros in 2000 to 2m euros in 2002 onwards; producers at a potential disadvantage relative to third countries. Care must be taken to ensure that this does not lead — annual expenditure on compensatory allowance for tuna to an increase in imports of fish products from third countries will be reduced from 4m to 2,5m euros from 2001 at the expense of the EU fisheries industry. onwards;

— annual expenditure on the new allowances to producer organisations will average 5,25m euros in the first three 4. Recommendations years and 3m euros in the last 2 years. After 2005, only newly created organisations will be eligible for assistance We recommend the following amendments to the draft and the expenditure is expected to be 0,5m euros per regulation: annum; (i) In Article 4, paragraph 2, after ‘indicate’ insert ‘as a — expenditure on the new allowances to producer organis- minimum and on the basis that it does not prejudice local ations for recourse to contracts is estimated at 1,7m euros branding of fish and aquaculture products, especially in 2001, 2,7m euros in 2002 and 4,7m until 2005; where this improves customer awareness and confidence’. 23.12.1999 EN Official Journal of the European Communities C 374/75

(ii) In Article 5, paragraph 1(b)(4) amend: ‘encourage the (ix) In Article 21, paragraph 3(a)(i), for ‘2 %’ substitute ‘5 %’; adoption of those methods of fishing which do most to in paragraph 3(a)(ii) for ‘5 %’ substitute ‘8 %’; in paragraph maintain equilibrium and sustainability of the resource’. 3(a)(iii) for ‘8 %’ substitute ‘10 %’ and in paragraph 3(b) for ‘8 %’ substitute ‘10 %’. (iii) In Article 7, paragraph 1, delete ‘may’ and insert ‘shall’. (x) In Article 23, paragraph 3, both in the first paragraph and the second paragraph, delete ‘may’ and insert ‘shall’. (iv) In Article 8, delete ‘period not longer than 12 months’ and insert ‘periods not longer than 12 months without (xi) In Article 24, paragraph 5, delete the first sentence in its annual review’. entirety and in the second sentence delete ‘referred to in the previous subparagraph’ and insert ‘of the products (v) In Article 10, paragraph 1, delete ‘Before the beginning concerned and put up for sale in accordance with Article of the fishing year’ and in paragraph 1(b) after ‘members’ 5(1)’. insert ‘the plan to be submitted within two months of the (xii) In Article 25, paragraph 2, delete ‘may’ and insert ‘shall’. date on which the producer organisation concerned is formally notified of the final quota for all species for the (xiii) The triggering threshold for compensation payments for fishing year in question’. tuna for canning should remain at 91 %. (xiv) Provision should be made for financial assistance to (vi) In Article 12, paragraph 1, insert at the beginning encourage greater co-operation and communication ‘Notwithstanding any provision to the contrary’. between managers of fish auctions and fish catchers in the various regions of the EU and in particular towards (vii) In Article 13, paragraph 1, after ‘Member States’ delete the use of electronic auctions. ‘may’ and insert ‘shall’. (xv) In Annexes I and II, the lists of fresh and frozen products eligible for Community private storage aid should include (viii) In Article 13, insert a new numbered paragraph 8 as swordfish. follows ‘Member States shall grant aid the establishment of interbranch organisations over a 3 year period in (xvi) The inclusion in Annex V of certain sensitive products accordance with the provisions of Article 11’. such as loin fillets of tuna should be reviewed.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER C 374/76 EN Official Journal of the European Communities 23.12.1999

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 Common Transport Policy: Sustainable Mobility: Perspectives for the Future’

(1999/C 374/17)

THE COMMITTEE OF THE REGIONS,

having regard to Communication from the Commission to the Council, the European Parliament, the Economic and Social Committee and the Committee of the Regions — The Common Transport Policy: Sustainable Mobility: Perspectives for the Future (COM(1998) 716 final);

having regard to the decision taken by the Commission on 10 December 1998, under the first paragraph of Article 198c of the Treaty establishing the European Community, to consult the Committee of the Regions on the matter;

having regard to the decision of its Bureau on 10 March 1998 to direct Commission 3 (Trans-European Networks, Transport and Information Society) to draw up the relevant opinion;

having regard to its earlier opinions on:

— ‘Sea Ports and Maritime Infrastructure’ (CdR 331/98 fin)(1),

— ‘New Regulatory Framework for conditions of access to railway infrastructure’ (CdR 58/99 rev 1),

— ‘The Common Transport Policy Action Programme 1995-2000’ (CdR 406/95 fin)(2),

— ‘A sustainable transport strategy’ (CdR 255/97 fin)(3), ‘Developing the Citizen’s Network — why good local and regional passenger transport is important and how the European Commission is helping to bring it about’ (CdR 436/98 fin)(4),

— ‘The White Paper on — Fair Payment for infrastructure charging framework in the EU’ (CdR 408/98 fin)(5),

6 — ‘Transport and CO2 — Developing a Community Approach’ (CdR 230/98 fin)( );

having regard to the draft opinion [CdR 189/99 rev. 1) adopted by Commission 3 on 15 July 1999 (rapporteur: Mrs Coffey (IRL, EA)],

adopted the following opinion unanimously at its 30th plenary session on 15 and 16 September 1999 (meeting of 16 September).

1. Introduction have taken place since the publication of the Commission’s Common Transport Policy action programme for 1995- 2000(7) and the objectives of this programme remain valid for 1.1. The communication from the Commission serves as the purpose of this framework. an overview of the current trends and policy directions within the Common Transport Policy (CTP). Looking at all of the programmes within the framework, the Commission’s Communication looks to the future of the CTP and what 1.1.1. The Committee of the Regions (COR) has followed directions it should take to lead on from. Many developments the recent developments of the Common Transport Policy from the Action Programme 1995-2000 through opinions on the measures proposed on the basis of it. This opinion will examine the current communication and its proposals for future action in light of the COR’s previous opinions. (1) OJ C 93, 6.4.1999, p. 20. (2) OJ C 337, 11.11.1996, p. 13. (3) OJ C 180, 11.6.1998, p. 1. (4) OJ C 198, 14.7.1999, p. 8. (5) OJ C 198, 14.7.1999, p. 16. (6) OJ C 198, 14.7.1999, p. 3. (7) COM(95) 302 final. 23.12.1999 EN Official Journal of the European Communities C 374/77

1.2. Objectives of the Common Transport Policy 2.2.3. The rail transport sector faces issues on several fronts which the Commission’s communication goes some way towards addressing. Market share has dropped steadily against 1.2.1. Improving quality and the effectiveness of the exter- other modes and in terms of sustainability at least, the need nal dimension of the Common Transport Policy are central to prioritise rail transport cannot be overemphasised. Rail objectives of the Commission’s Communication and these transport can compete very favourably with other modes in aspects must be considered in order to ensure a sustainable terms of environmental impact when a pricing regime which transport strategy is pursued in all areas. incorporates the principles of polluter pays and internalisation of external costs is established. The COR welcomes the series 1.2.2. Currently there are five major objectives in terms of proposals by the Commission but acknowledges that of improving efficiency and competitiveness for the future movement is required by all the actors in this sector to make development of the CTP. Their overall aim is to ensure the full rail more competitive. potential of European transport systems and promote the competitiveness of European business which will maximise growth, employment, and environmental sustainability. 2.3. — Liberalising market access Ports

— Ensuring integrated transport systems across Europe 2.3.1. The liberalisation of port services will be dealt with by forthcoming Commission proposal following consultation — Ensuring fair and efficient pricing within and between on its Green Paper on Sea Ports and Maritime Infrastructure. transport modes The COR proposed several recommendations in its opinion on the Green Paper in terms of competitiveness. Its conclusions — Enhancing the social dimension re-emphasised the need for uniform laws on protection of the environment, workplace safety and conditions, external — Making sure rules which have been agreed are properly security and border controls to ensure fair conditions for implemented. competition. These rules and the pricing structure for the use of port facilities should take account, however, of natural (geographical etc.) and human (management/organisational) differences in ports. To ensure free and fair competition in the 2. Market Access and Functioning port sector also guidelines on state aid are required.

2.1. The two main priorities for the Commission with 2.3.2. As the ports and maritime infrastructure of the EU is regard to market access and functioning are the rail sector and essential to the economic and social well-being of particular ports. regions in the Union, the COR emphasises the need to adhere to the principle of subsidiarity. When decisions concerning the establishment of port facilities are being considered, local and regional authorities are most aware of what action needs to be 2.2. Rail taken. Therefore the Committee of the Regions would emphasise the importance of final decisions concerning ports and 2.2.1. Further to the Commission’s White Paper on the maritime infrastructure being taken by local and regional revitalisation of the Community’s Railways, steps are being public and private parties. taken on charging, capacity allocation, separation of infrastructure management and operation, and licensing. There will be proposals on public service contracts and on State aids for land transport and also a communication for the integration of national systems including technical interoperability. 3. Integrated Transport Systems

2.2.2. The COR opinion on the package of measures on railways welcomes the measures proposed by the Commission. 3.1. The integration of the Community’s transport systems However, the Commission should seriously consider the has long been a priority for the Commission and this different recommendations proposed by the COR which are Communication reaffirms this pledge. The implementation of essential in order to ensure that restructuring of the rail sector priority TENS projects defined at the Essen summit will be brings benefits to all the affected regions in Europe. For encouraged by the Commission and new guidelines for the example, in regard to pricing policy, the infrastructure manager TEN-T will be published. The Commission further recognises should be able to apply prices based on commercial decisions the importance of extending the Trans-European Networks and not solely on rigid and predetermined criteria. The into applicant countries. Combined transport and intermo- proposals in the directive could pose problems for infrastruc- dality will be promoted through the implementation of the ture managers, who can be local/regional authorities, if they Action Plan for global navigation by satellite. Transport do not have powers to take corrective measures to remedy any telematics will assist intermodality and thus the efficiency of malfunctioning of the system. different transport modes. C 374/78 EN Official Journal of the European Communities 23.12.1999

3.2. The COR welcomes the attention given to the TENS by simplification of the administrative procedures, increased the Commission in its proposed future work programme. The funding for studies, a cost-efficiency evaluation of small emphasis on intelligent systems and telematics which will projects, give local and regional authorities a greater role and increase the effectiveness of existing infrastructure rather than a greater emphasis on PPPs. The Committee believes that these solely concentrating on the construction of more infrastructure points should be included in the revision of the guidelines is a trend to be encouraged. The launch by the Council of a proposed for the period 2000-2004. strategy for the promotion of innovation in transport and a debate on the development of a global satellite navigation system (Galileo) and transport telematics is a further step along this path. The applications of such systems could include rail signalling, maritime navigation, air traffic and even road traffic control. 4. Fair and Efficient Pricing

4.1. Following the Commission’s White Paper on Fair 3 3.3. Although new rules for combined transport have been Payment for Infrastructure Use( ), the Committee of the drawn up by the Commission to encourage intermodality, the Regions endorsed the Commission’s principles on charging on COR feel that the use of such technology could have far greater the basis of the marginal social cost principle. The White benefits. Combined transport has a limited market and greater Paper’s aim is to encourage intermodality and more efficient emphasis on intelligent transport systems could bring about use of transport infrastructure. The polluter pays principle and more significant intermodal shifts than the means used to point of use charging are also to be incorporated into charges promote combined transport with far reaching benefits in and levies. With regard to the principle of sustainability, terms of safety and the environment. greater emphasis should be placed on the provision of incentives for clean technologies and the design of charging systems should be so that low emission vehicles and multiple- occupancy of private vehicles etc. be encouraged.

3.4. As the COR opinion on a sustainable transport strat- 1 egy( ) pointed out, transport networks should be integrated 4.2. The COR however would wish that in the next period within regions across the different modes, between regional, (phase two 2001-2004) that the Commission will incorporate national and international systems and between the European the proposals made by the COR which include addressing user TEN-T and the transport networks of candidate countries. behaviour not only by direct taxes or charges but also address the problem of tax incentive schemes which serve to encourage car use. Furthermore, the COR recommends that the establishment of an EU transport strategy includes the private car, 3.5. Linking the TENS into local and regional passenger an efficient global approach to transport costs should not transport networks is an essential principle which should be separately assess public transport and the use of private car. included in any transport framework in consideration of Flexibility in the application of charges is a necessity for several Europe’s citizens. In its opinion on the financial rules for the reasons and the COR reaffirms that modal shifts and changes Trans-European networks(2), the COR highlighted the problem in user behaviour will only occur when there is a viable of ‘missing links’. These occur where trans-European traffic alternative available which applies both for commercial and meets regional traffic and serious congestion occurs thus private users. As a first step the COR would urge the defeating the flow and purpose of the TENS. Specific subsidies Commission to carry out a study on teleworking to examine are required for the funding of projects which will improve its feasibility and possible social, economic and environmental local commuter transport infrastructure such as bus corridors, benefits. light rail etc. It is hoped that infrastructure charging will encourage intermodal shifts and relieve the pressure on local and regional transport thus freeing the way for TENS traffic. 4.3. It is essential that in the decision-making process for the structure of charges and taxes that local and regional authorities are fully consulted and appropriately represented on the committee of experts on charging for the use of infrastructure. The needs of particular regions must be given 3.6. The COR opinion on the regulations laying down due attention and flexibility applied in order that problems general rules on the granting of Community financial aid in such as inaccessibility and remoteness are not exacerbated. the field of trans-European networks outlines several points Furthermore as the local and regional authorities will be which were overlooked in the Council regulation. These implementing a great deal of the principles and also tackling points include the introduction of a larger budget allocation, the problems, they should have an input as to how revenue from charges and taxes is spent.

(1) CdR 255/97 fin — OJ C 180, 11.6.1998, p. 1. (2) CdR 217/98 fin — OJ C 93, 6.4.1999, p. 29. (3) COM(1998) 466 final. 23.12.1999 EN Official Journal of the European Communities C 374/79

5. Economic and Social Cohesion authorities will be considered. Furthermore the COR would wish to be represented on any bodies established to exercise regulatory authority in the transport sector. For example the 5.1. Economic and Social cohesion is a priority for the Aviation Safety Authority will have an advisory panel of Commission and this was comprehensively dealt with in a experts and the COR would wish to be represented on this or communication on transport and cohesion(1). This paper other regulatory authorities. outlines the role of the CTP in reducing regional and social disparities in the EU alongside instruments such as the Structural and Cohesion funds. An improved transport system can make a less developed region attractive for investment as well as contributing to the overall strength of the region for economic development. The COR particular welcomes to 7. Improving Quality the attention given to sustainability and the promotion of accessibility in the Commission’s communication. Accessible and affordable public transport serves a social, economic and environmental purpose and as such must continue to receive 7.1. The Commission’s communication dedicates an entire state aid, complying with EU State aid regulations. section to the safety and environmental dimensions of the European Transport Policy. The EU has a significant role to play in providing a high level of safety for both consumers 5.2. The Commission is continually looking into how and transport workers. The COR endorses the package of competition in public transport can be opened up while measures currently underway and those proposed for 2000- maintaining access for all. On the basis of a Commission study 2004. of public service rules and practices in land transport, the need to improve transparency and efficiency of public transport for the benefit of disadvantaged regions and social groups has been recognised. More power and responsibilities needs to be devolved to local and regional authorities to enable them to develop their own transport systems as they see fit. This 7.2. Safety requires them having the necessary financial resources to take action which should, where possible, be available to them through the collection of local taxes. 7.2.1. Safety for both consumers and workers is a key priority for the Commission in a market where volumes are 5.3. The Commission is continually trying to balance constantly increasing and congestion is growing. Proposals 2 3 competitiveness with working conditions and with proposals have been made in civil aviation( ), ro/ro passenger ferries( ) on working time. Following the Working Time Directive, the and road transport through the car testing programme EURO- 4 Commission has gradually dealt with the ‘excluded sectors’ NCAP. In the COR’s opinion( ) regarding air transport safety, which included transport workers. Full agreement has not the point was made that smaller airports have different needs been reached on all aspects of transport workers’ working to larger ones and this should be considered when European conditions and this should be pursued as a matter of urgency rules are being laid down. in order to resolve the difficulties and balance the priorities of fair conditions of competition and social protection in a sensitive way. 7.2.2. Safety is a major consideration which is not adequately dealt with by this Commission Communication. The COR Opinion on the Common Transport Policy Action Programme 1995-2000 addressed the need for a review of speed limits, measures to enforce traffic regulations and 6. Making sure the rules are applied prosecution of infringements. Limitations over the right to drive could be introduced such as age/engine size consideration. The COR in their opinion called for a survey of the 6.1. The transposition and correct implementation of com- impact of safety measures in all Member States and awaits petition rules adopted by Member States is essential for the with interest the Commission’s communication on road safety good functioning of the transport internal market and the action priorities. Furthermore, the COR proposed a new ‘zero Commission is resolute in its efforts to ensure compliance. defect’ strategy as in industrial quality control which would The Committee of the Regions supports the Commission in its link transport safety activities with state health systems and aim which will ensure fairness for all. It is proposed by the would like to see some movement on this. COR that in the continued clarification and revision of legislation that the specific needs of Europe’s local and regional

(2) COM(1997) 55 final; COM(1997) 382 final. (3) COM(98)71 final. (1) COM(1998) 806 final. (4) CdR 406/95 fin — OJ C 337, 11.11.1996, p. 13. C 374/80 EN Official Journal of the European Communities 23.12.1999

7.3. Environment in peripheral areas due to their efficiencies. Although the Commission’s proposals to introduce infrastructure charges should encourage intermodal shifts for the more efficient use of infrastructure, such fiscal policies must be combined with structural changes to infrastructure use such as land-use planning policies. 7.3.1. The EU is obliged under Article 3c of the Amsterdam Treaty to integrate environmental protection requirements into the definition and implementation of Community policies with a view to promoting sustainable development. Further- more, the strategy of integrating environmental considerations into EU policies will be vigorously pursued. Among the areas 7.4. Public Passenger Transport being dealt with under the environmental portfolio are, air transportation noise and pollution, ship generated waste and cargo residues, problems caused by heavy goods vehicles 7.4.1. Specific consumer protection measures are intended and emission standards in the context of the Auto/Oil II in order to enhance consumer confidence. The action pro- programme. The Commission also envisages the development gramme on local public transport, which is the only form of of new initiatives not dealt with in the Council’s work transport available to all citizens, will cover areas such as programme and strategy. best practice, intermodal integrated passenger services and benchmarking. Under the fifth framework programme for research and development, a series of targeted research actions have been proposed to improve the efficiency and sustainability and enhance the safety and intermodality of the 7.3.2. In its Opinion on the Common Transport Policy transport system. 1995-2000 the COR called for special measures to supplement the Action Programme for the protection of ecologically sensitive regions and areas affected by the European transport 7.4.2. Research activities carried out under the fifth Frame- system. These included building regulations, integrated sol- work Programme for Research and Development should utions for the traffic infrastructure network and even the involve the participation of local and regional authorities. They complete restriction of choice over modes of transport in are the ideal partners in the execution of research programmes exceptional cases where alternatives modes are available. as they function at the level closest to the citizen and Furthermore, the COR wish to encourage research into the understand local needs best. Furthermore, several of the actions production of vehicles with low CO2 and other emissions as proposed in the fifth framework are of particular relevance to well as research into the area of renewable fuels. local passenger transport, for example ‘Sustainable Mobility and Intermodality’, ‘Systems and Services for the Citizen’ etc.

7.4.3. A greater emphasis on the liberalisation of public 7.3.3. The most effective and sustainable solution to reduc- transport is necessary in order to ensure a high standard of ing the growth in emissions is to restrict the demand to travel. service for the public for less outlay by the public exchequer. Spatial planning is central to this aim and can help reduce Competitive tendering in the transport market can help reduce journey distances, along with complementary measures the requirement for public subsidy. Franchised local bus resulting in emission reductions by about one third by 2010. services, whereby operators bid competitively on routes deter- Although the Community does not have competence in the mined by the local or regional authority is one example. The area of spatial planning, this is an area where the Commission relevant authority determines the quality of service and offers could propose ‘soft’ policies which could have a significantly contracts only on the conditions set out. The awarding of positive effect for the environment and sustainable develop- transport contracts will free resources which can be used to ment. Although an examination of the role of the CTP in the fund better public transport and make public transport more European Spatial Development Perspective is welcomed, it falls efficient. Furthermore, privatisation and the involvement of far short of the measures proposed by the COR which could public private partnerships will ensure greater quality of service result in a significant halt to growth in CO2 emissions. which will be to the benefit of consumers. This should be a priority in the Commission’s programme 2000-2004.

7.4.4. In terms of the overall strategy that should be applied 7.3.4. As road and air transport produces the most CO2 in the view of the COR, linking into local passenger transport per passenger per kilometre, these should be tackled as a networks is essential. In its Opinion on Developing the matter of priority. The transport of freight by road and air is Citizen’s Network(1), the Committee of the Regions highlights also problematic for similar reasons. In its opinion on Trans- port and CO2, the COR proposed a series of taxes on fuels for private transport and a realignment on taxes for kerosene for air transport. However, the COR recognises that a flexible approach should be taken with regard to road and air transport (1) CdR 436/98 fin — OJ C 198, 14.7.1999, p. 8. 23.12.1999 EN Official Journal of the European Communities C 374/81 the importance of local and regional authorities in public 9. Recommendations passenger transport. It emphasised:

9.1. The COR wish to make the following proposals — the importance of a well-functioning local and regional in addition to the remarks made in connection with the transport network to the proper functioning of a national Commission’s communication. The following are supplemen- and European transport system; tary recommendations to issues which the COR wish to be considered in the framing of future common transport policy which are not addressed in the communication. — the economic, environmental and social value of an efficient transport system; 9.2. In line with the call made in the COR opinion on a sustainable transport policy for local and regional authorities, — the necessity of flexibility allowing for the creation of an The COR re-emphasise the need for local and regional integrated and intermodal system; authorities to be involved in all stages of the development of a European Transport Policy. As local and regional authorities are regularly called upon to co-finance transport projects, there should be close involvement in policy formation to — that a properly functioning citizen’s network is central to ensure that local needs are considered and integrated. sustainable urban development.

9.3. Although the Community does not have competence in the area of spatial planning, the Commission should ensure that the recommendations of the COR opinion on the European Spatial Development Perspective are considered in future policy development. As the COR opinion on a sustain- 8. Improving External Effectiveness able transport strategy pointed out an improved transport system, as part of a programme of urban renewal, can be a key factor in the economic and social regeneration of a deprived urban area. Spatial planning is central to any sustainable transport strategy as it can, among other things, reduce the 8.1. The Community is anxious to be effective in the requirement to travel. enlargement process and ensure the smooth integration of the accession countries into the EU. The experience of the creation of the internal market is helpful in the large task ahead of identifying and adapting legislation. Already negotiations are 9.4. The Commission has a role to play in the education of underway with third countries in the areas of civil aviation, the public towards a new approach for transport. Public HGVs, coach services and inland waterways. In the longer approval is intrinsic to the success of any new policy. term, the Community will constantly review the operation of Furthermore local and regional authorities are best placed to the transport market and to do this the European Transport communicate the messages of sustainability and environmental Data System will monitor the impact of transport on regional protection to the citizens and close co-operation between the development, the environment and safety. two should be fostered to this aim.

8.2. In time, the regulatory framework will need to be 9.5. Compulsory public consultation is a necessary require- revised, especially to deal with changes to the State Aid ment in advance of the commencement of infrastruction guidelines and the COR recommend greater simplification of projects. These requirements can, on occasion, extend the these regulations. The current structure can be cumbersome in project lead in time resulting, in extreme cases, in the loss of terms of administration and simplicity will ensure greater fund or the escalation of costs over budget. This problem efficiency and transparency. The TEN-T will need to be should be addressed by making the public consultation systems further revised in line with enlargement developments and the more effective where possible, and at the same time protecting financial regulations must consider the specific needs of the democratic rights of the citizen. This is an issue that the applicant countries. In fact all the above areas will need to be Commission could address and propose solutions such as best reassessed in light of enlargement. Furthermore, EU enlarge- practice when drawing up future guidelines for the Common ment and development of transport networks within and Transport Policy. between new Member States must not compromise environ- mentally sensitive areas of applicant countries. If general policies cannot guarantee the highest levels of environmental protection, the Commission should consider an ecopoint 9.6. The Commission has a significant role to play in system similar to the current Alpine regime. attracting private investment into public transport. The Com- C 374/82 EN Official Journal of the European Communities 23.12.1999 mission could play a greater role when allocating funding or inter alia, transport safety measures or research into cleaner framing proposals and projects to ensure that they address technologies.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER

Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in national and international traffic and the maximum authorised weights in international traffic’

(1999/C 374/18)

THE COMMITTEE OF THE REGIONS,

having regard to the list of Commission proposals pending on 1 May 1999 for which the entry into force of the Amsterdam Treaty entails a change in the legal basis and/or procedure (SEC(1999) 581 final);

having regard to the Proposal for a Council Directive amending Council Directive 96/53/EC laying down for certain road vehicles circulating within the Community the maximum authorised dimensions in national and international traffic and the maximum authorised weights in international traffic (COM(1998) 414 final — 98/0227 COD ex-SYN)(1);

having regard to the Council decision, as notified by letter of 14 June 1999, to consult it on the matter, under Articles 261 (first paragraph) and 71 of the Treaty establishing the European Community;

having regard to the decision taken by its Bureau on 15 September 1999 to appoint Mr Walsh (UK, ELDR) as rapporteur-general, with a view to drawing up an opinion on the matter in accordance with rule 39 of its rules of procedure,

adopted the following opinion unanimously at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction 1.2. Notwithstanding its support for combined transport generally the European Parliament, in its first reading on 15 April 1999, rejected the Commission proposal and requested alternative options. 1.1. Council Directive 96/53/EC deals with, amongst other matters, the introduction of 44-tonne lorries onto Europe’s roads. The European Commission proposal is to modify that Directive to permit a range of vehicles over 40-tonnes all with 11.5-tonne drive axle weights for combined transport. 1.3. The key question for local and regional authorities is whether the proposed transport units will cause more damage to road infrastructure and require strengthening of that infrastructure, notably bridges, insofar as local and regional (1) OJ C 261, 19.8.1998, p. 13. authorities have responsibilities in this area. 23.12.1999 EN Official Journal of the European Communities C 374/83

2. Detailed consideration provided for any necessary strengthening of bridges in the road infrastructure but there would still be additional wear and tear to highway surfacings (see below.) 2.1. The European Commission proposal seeks to modify the 1996 Directive in respect of maximum weight limits for certain types of vehicles in combined transport: 3. Overloading of lorries — 44-tonnes for drawbar-trailer combinations where both vehicle and trailer each have three axles; 3.1. The overloading of heavy goods vehicles is an issue of continuing concern. In addition, during the last year the — 44-tonnes for articulated vehicles where the tractor unit mis-use of ‘road-friendly’ suspensions has become a cause for has three axles and the semi-trailer either two or three concern. Operators have been observed running with ‘tag- axles; axles’ lifted clear of the ground under conditions where they are fully loaded, thereby overloading the remaining drive — 42-tonnes for articulated vehicles where the tractor unit axle. Systems are therefore required to ensure that axle has two axles and the semi-trailer three axles. configurations in vehicles equipped with ‘road-friendly’ suspensions are operated in the way the designer intended.

These vehicles would be allowed a maximum axle drive weight of 11,5-tonnes. 4. Arguments against the 44-tonne (and 42-tonne) vehicles 2.2. The 11,5-tonne drive axle weight means that these vehicles will cause about 30 % more road wear than vehicles with 10,5-tonne drive axles. Road wear is proportional to the 4.1. The arguments against the 44-tonne vehicles and the weight on a vehicle axle, raised to the fourth power. On recently proposed 42-tonne vehicle are well made in the this basis, calculation can show that the 44-tonne six-axle European Parliament’s consideration of the issue: articulated lorry is more road friendly than the 44-tonne five-axle vehicle. The 44-tonne vehicle (with road-friendly suspension) is less onerous for the road infrastructure, includ- — The proposals would be a first step towards a general ing bridges, than the EU sanctioned 38-tonne or 40-tonne 44-tonne limit for road transport, which would be undesir- 5-axle vehicle. If the Council Directive were amended to able because of the risk of damage to infrastructure in include the 42-tonne vehicle discussed above, then there some Member States; would be significant costs to many highway authorities. It would result in extra road damage and would require extensive — The proposals would be likewise undesirable in view of bridge strengthening. the forthcoming accession of a number of applicant countries whose infrastructure was not yet ready to cope with such heavy vehicles. 2.3. Council Directive 96/53/EC recognises:

4.2. Although the European Parliament has always — that the increase of lorry weights to 44-tonnes requires ‘a expressed itself in favour of combined transport (i.e. inter- balance between the rational and economical use of modal operations), this did not mean that any proposal could commercial road vehicles and the requirements of infra- be accepted in the name of combined transport. The Parliament structure maintenance’. (para. 5 of preamble); has rejected the Commission proposal in the interests of European citizens and the environment. — that ‘in the case of modular concept operations (intermodal) there should be a transition period to enable a Member State to adapt its road infrastructure’ (para. 18 of 4.3. The debate regarding the balance to be struck between preamble); the economical use of commercial road vehicles and the requirements of infrastructure maintenance is one which has wider implications than just the strengthening of bridges: — that Member States which have to adapt their road infrastructure in order to permit vehicles complying with — The proposed increase in size and weight of lorries has Annex 1 may nevertheless prohibit until December 2003 implications for highway maintenance. at the latest vehicles which exceed current national standards. (Article 4 para. 4) — Although 44-tonne (or 42-tonne) vehicles may be perfectly acceptable on motorway and trunk roads, their presence 2.4. In summary, where Council Directive 96/53/EC can be overwhelming and out of place on the local road requires the adaptation of the road infrastructure (presumably network. Here the roads and bridges are generally narrower including bridges) at the public expense, Member States will and of lower standard; conflicts often arise between heavy be given a period of grace up to December 2003 in which to goods vehicles and other categories of road user, e.g. carry out the necessary adaptation. Funds would need to be pedestrians and cyclists. C 374/84 EN Official Journal of the European Communities 23.12.1999

4.4. The Committee rejects arguments for permitting the England to serve Scottish outlets, using 44-tonne lorries for introduction of 44-tonne (or 42-tonne) lorries on certain the journey. routes. If the economic argument on transport costs is correct, then industry relying on such ‘combined transport operations’ would tend to re-locate in areas adjacent to such routes. This 5. Conclusions may benefit towns and cities undergoing rapid development but penalise old-established industrial areas which grew up 5.1. The Committee rejects the introduction both of before the advent of the 20th century main road networks. For 44-tonne vehicles and of 42-tonne articulated vehicles where these reasons, any increase in dimensions and weight is the tractor unit has two axles and the semi-trailer three axles. unacceptable. 5.2. Compliance with size and weight requirements for heavy goods vehicles should be monitored. 4.5. It should also be noted that inter-modal operations do not always take place between local railheads and distribution 5.3. Increased or re-directed local and regional resources points. For example, in the UK a major supermarket chain is should be directed to the policing and control of overloaded currently using a trans-shipment depot in the Midlands of heavy lorries.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER 23.12.1999 EN Official Journal of the European Communities C 374/85

Opinion of the Committee of the Regions on the ‘Proposal for a Council Directive on a transparent system of harmonised rules for driving restrictions on heavy goods vehicles involved in international transport on designated roads’

(1999/C 374/19)

THE COMMITTEE OF THE REGIONS,

having regard to the list of Commission proposals pending on 1 May 1999 for which the entry into force of the Treaty of Amsterdam involves a change in the legal basis and/or procedure (SEC(1999) 581 final);

having regard to the Proposal for a Council Directive on a transparent system of harmonised rules for driving restrictions on heavy goods vehicles involved in international transport on designated roads (COM(1998) 115 final — 98/0096 COD ex SYN)(1);

having regard to the decision taken by the Council, notified by its letter of 14 June 1999, to consult the Committee of the Regions, under Articles 265, first paragraph and Article 71 of the Treaty establishing the European Community, on the above matter;

having regard to its Bureau decision of 15 September 1999 to appoint Mr Weingartner (A, PPE) as rapporteur-general to draw up the relevant opinion under Rule 39 of the COR Rules of Procedure;

having regard to its Resolution on a European Charter of regional and local authorities for a progressive and sustainable transport policy (CdR 347/97 fin)(2);

in view of the Economic and Social Committee Opinion of 9 and 10 September 1998 on the Proposal for a Council Directive on a transparent system of harmonised rules for restrictions on heavy goods vehicles involved in international transport on designated roads (CES 1135/98),

unanimously adopted the following opinion at its 30th plenary session of 15 and 16 September 1999 (meeting of 16 September).

1. Introduction economic interests clash with the need, in some Member States, for an appropriate solution to improving road safety, reducing traffic density, protecting the environment and taking account of social considerations in the transport industry. 1.1. The Commission draft directive points out that there are currently no European rules on transport restrictions for heavy goods vehicles. Up to now these matters have been governed by national legislation, which explains the lack of coordination and the considerable variations. 2. Comments

1.2. The draft directive seeks to facilitate intra-Community 2.1. There are no Community rules for this area because international road transport of goods by attempting to har- responsibility for road traffic management lies with the monise existing driving bans on major roads (the TEN road national, and sometimes also with the regional governments, network). These driving bans mainly relate to weekends and of the Member States. The European Commission argues that public holidays, when 7 out of the 15 Member States currently a Community directive can be adopted because both the operate such restrictions. Community and the Member States are jointly responsible for this area (Article 75(3) (1) (a)(c)(d) of the EC Treaty). The COR takes the view that irrespective of this argument, it must be stressed that adopting this directive will reduce national 1.3. The new draft directive, which some Member States responsibilities (and in many Member States regional responsi- have requested from the Commission, deals with an area where bilities also) and will thus run counter to the subsidiarity principle.

(1) OJ C 198, 24.6.1998, p. 17. (2) OJ C 251, 10.8.1998, p. 7. (3) Art. 71 (Treaty of Amsterdam). C 374/86 EN Official Journal of the European Communities 23.12.1999

2.2. It is noteworthy that those Member States which international transport accounts for only a small proportion currently operate driving restrictions — i.e. Germany, France, of overall goods transport by road. However, international Italy, Luxembourg, Austria and Portugal — are traditionally road transport primarily uses the network of major roads (the holiday countries with heavy traffic density during peak TEN road network) and accounts for a very significant periods due to leisure and holiday traffic. Switzerland, a proportion of the traffic on these roads (50 % and over). And non-EU country, and a large number of the central and eastern it is exactly the TEN that is affected by the proposed reduction European countries, which are without exception holiday in driving bans. destinations, also have such restrictions on goods transport by road.

2.3. While substantial areas of southern European countries 2.8. Road safety is another factor which must be carefully are only affected by summer holiday traffic, the ever increasing researched and documented. There is insufficient evidence to number of short breaks tends to transfer leisure and holiday support the European Commission’s contention that at first traffic to the spring and autumn months also; as a result the sight it was not clear that heavy goods vehicle (HGV) driving central European countries and the Alpine countries are also bans had reduced accidents during these periods. considerably affected by peak leisure and holiday traffic during the low season and in winter.

2.4. Limiting the weekend driving ban to Sundays, as is 2.9. It can be assumed that an easing of the HGV driving proposed in the draft directive, would cause massive traffic bans would entail additional international goods transport by disruption in all holiday countries on Saturdays, as that day is road; traffic relief during the remaining week days could still the main arrival and departure days for holidaymakers. scarcely be expected and it is therefore difficult to argue that The same also goes for the proposed restriction of the public this measure will improve road safety. It is much more likely holiday driving bans. For this reason, the automobile clubs that the additional HGV traffic, combined with existing leisure ADAC, ACI, FFAC, and O¨ AMTC have issued a joint statement and holiday traffic at weekends and on public holidays, will calling for the existing driving bans for heavy goods vehicles adversely affect road safety. to be maintained.

2.5. A key question is whether the proposed harmonisation of regulations on the driving bans in international goods 2.10. Also significant are the environmental protection transport would alter the ‘modal split’, i.e. the breakdown issues linked to expanding international HGV traffic. In this between the different modes of transport. The European respect, the priority is to critically assess the problem of air Commission emphasises that there is no evidence to suggest pollution. i.e. the increased emissions of harmful substances. that the current weekend driving restrictions had shifted goods Irrespective of whether easing restrictions on Saturdays could transport from road to rail. reduce HGV traffic on the other days of the week, it must be expected that there would be considerably higher congestion on major roads (the TEN road network) on Saturdays. The Commission’s explanatory memorandum stresses that in traffic 2.6. Nevertheless, goods transport by road can be expected congestion fuel consumption may be doubled or trebled, with to increase sharply as a result of the proposed Community a concomitant increase in harmful substances emissions. A rules extending the permissible time periods for international decrease in traffic-related air pollution is therefore not on the goods transport by road during weekends and public holidays. cards. This undermines the Community’s objective of a consistent transport policy geared to comprehensive consideration of environmental aspects, a better distribution of transport between the different modes of transport, increased use of environment-friendly modes of transport and shifting goods transport by road over to rail and shipping. International 2.11. At least for sensitive areas like the Alpine region, transport involves travel over longer distances and is therefore there is already evidence that during HGV-free weekends, there best suited to a shift towards other modes of transport. is a dramatic reduction in noxious emissions and that pollution can therefore be reduced to more tolerable levels, at least for a short time. Ultimately this is also linked to the fact that heavy goods vehicles continue to make a disproportionate 2.7. The argument that extending time periods for inter- contribution to overall levels of traffic related pollutants in the national transport of goods by road is of little consequence as air. HGV traffic, which constitutes 15-20 % of total traffic, it accounts for only a small percentage of overall goods produces around 50 % of NOx emissions, which are particu- transport by road, is not completely accurate. It is true that larly damaging to the environment. 23.12.1999 EN Official Journal of the European Communities C 374/87

2.12. Addressing the consequences of noise emissions, the — with goods transport set to grow even more than transport Commission itself refers to justifiable restrictions during as a whole — and international goods transport by road, to night-time hours in the form of driving bans on noisy HGVs which this regulation relates, records the very highest growth and the consequences under critical geographic conditions, rates. On the other hand, there is a current shift towards a such as in mountainous regions. The proposal to introduce leisure society, with shorter working hours and more leisure driving restrictions on roads where noise pollution poses a time. The result is that in addition to an annual holiday, more real problem is acceptable, along with the proposal to take and more Community citizens also take short breaks and trips account of noise pollution from all types of vehicles in these at weekends and on public holidays. For example, the central cases. However, the latter measure in particular requires further Alpine region currently has only around two months in research. the year in late autumn without significant leisure traffic. Consequently, the combination of expanding leisure traffic and the additional goods transport on Saturdays is causing more and more problems from year to year, making coun- termeasures all the more urgent. 2.13. The Commission’s explanatory memorandum states that all those countries currently operating driving restrictions on HGVs provide for exemptions which are by no means uniform. We endorse the call for strict criteria for establishing a harmonised list of goods which may also be transported at 3.3. There is a need for a fundamental improvement in weekends and on public holidays. The COR can also support research into the links between the above traffic conditions at uniform rules for vehicles to be covered by the exemption weekends and on public holidays and their impact on road requirements (for example, vehicles which already meet the safety and the environment. This also applies to the economic highest standard under the EURO classification). repercussions at national level, an issue which has not been adequately addressed to date.

2.14. Driving bans also of course have a social impact, as they restrict driving time and impose rest periods. Curtailing 3.4. The suggestion in the explanatory memorandum that the existing driving bans would put further unreasonable in future the aim will be a further limitation of driving bans pressures on people working in road transport. seems to be very clearly targeted at the needs of the road transport industry. A scientifically-based approach, however, requires a global view.

3.5. Strict criteria should be used to establish a harmonised list of goods which may also be transported at weekends and on public holidays. It would also make sense to harmonise the 3. Conclusions and recommendations types of vehicles covered by the exemption rules, taking account of environmental considerations in particular.

3.1. The COR rejects the draft directive on harmonised driving bans for HGVs engaged in international goods trans- 3.6. In order to safeguard the subsidiarity principle, the port on designated roads, as the arguments for maintaining Committee of the Regions takes the view that national and the current rules are stronger. Moreover, the fact that easing regional authorities should retain the same responsibility as the existing driving bans would generate additional HGV traffic before for road traffic management, since they are best gives fresh unilateral advantages to goods transport by road qualified to assess the need for HGV driving bans. However, and therefore would run completely counter to the EU’s existing or proposed restrictions should be notified to the current aim of skewing transport policy towards better distri- European Commission in good time. bution of transport i.e. increasing the share of transport modes such as rail and shipping.

3.7. Although easing the driving bans may seem justifiable from the transport industry’s point of view, the considerations 3.2. The unchecked growth in road transport provides relating to road safety, environmental protection and social further grounds for rejecting this draft directive. Firstly, all tolerability militate in favour of maintaining the current forecasts point to a further increase in road transport overall provisions. The discussions on the draft directive ultimately C 374/88 EN Official Journal of the European Communities 23.12.1999 come down to a fundamental choice between values, in which of citizens, categorically opts for protecting the interests of the the Committee of the Regions, in its capacity as representative people affected.

Brussels, 16 September 1999.

The President of the Committee of the Regions Manfred DAMMEYER