Opinion of the Committee of the Regions on the "Commission report to the European Council Better lawmaking 1999"
C 226/60 EN Official Journal of the European Communities 8. 8. 2000 Opinion of the Committee of the Regions on the‘ Commission report to the European Council “Better lawmaking 1999”’ (2000/C 226/16) THE COMMITTEE OF THE REGIONS, having regard to the Treaty establishing the European Community, 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 presidency conclusions of 11 December 1999 (Helsinki) which state: ‘The European Council welcomes the Commission’s report entitled “Better lawmaking” which confirms the priority attached to the principles of subsidiarity and proportionality and to full application of the relevant Treaty Protocol;’ having regard to the Commission’s report to the European Council ‘Better lawmaking 1999’ (COM(1999) 562 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 its opinion of 11 March 1999 on the principle of subsidiarity ‘Developing a new culture of subsidiarity. An appeal by the Committee of the Regions’ (CdR 302/98 final); (1) having regard to its opinion of 15 September 1999 on the Commission report to the European Council ‘Better lawmaking 1998 — a shared responsibility’ (CdR 50/99 fin); (2) having regard to the decision of its Bureau of 17 November 1999, in accordance with Article 265(5) 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 the opinion of the Commission for Institutional Affairs of 8 March 2000 (rapporteur: Mr Stoiber, D-PPE) (CdR 18/2000 rev. 1); whereas the principle of subsidiarity, introduced into the current Article 5 of the Treaty establishing the European Community by the 1992 Maastricht Treaty, is a legal principle which must continue to be developed and which is designed to ensure that decisions in the Union are taken close to citizens; whereas under Article 5(1) of the Treaty establishing the European Community, the principle of subsidiarity, as outlined in the Treaties and in Protocol No. 7 to the Amsterdam Treaty, relates to areas which do not fall within the exclusive competence of the Community 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 in a Europe with an increasing number of fields in which the EU is endeavouring to find Community solutions, strict adherence to the subsidiarity principle is now particularly important in order to ensure that adequate account is taken of regional and local interests, (1) OJ C 198, 14. 7. 1999, p. 73. (2) OJ C 374, 23. 12. 1999, p. 11. 8. 8. 2000 EN Official Journal of the European Communities C 226/61 adopted the following opinion at its 33rd plenary session of 12 and 13 April 2000 (meeting of 13 April). 1. The Committee of the Regions’ position on the Com- mission report 1. 1. In its report ‘Better lawmaking 1999’ the Commission describes the principles of subsidiarity and proportionality as a ‘changing background’ that must be further developed. (Art. 5, para. 1, EC Treaty); the existing rules are task- and goal-oriented. In this context the Committee has already proposed on several occasions that a debate should begin forthwith on the distribution of powers, so that the regions and local authorities of the Member States have an opportunity to extend their scope for action. 1. 2. However, it also points out that increasingly there are important spheres in which even more Community legislation is necessary. It refers here (a) to the new provisions of the Amsterdam Treaty, public health and the decision of the Tampere European Council to create an area of freedom, security and justice, and (b) to the sphere of foodstuffs. The Committee agrees with the Commission that new 1. 3. Community legislation must be possible on the basis of the Treaty provisions. But we must ask whether the desired objectives could also be achieved through measures taken by the Member States and/or by the regions. The answer to this question, also in the areas mentioned by the Commission, depends entirely on circumstances and requirements. 1. 4. The Committee agrees with the Commission that the subsidiarity and proportionality principles will become even more pivotal in the context of enlargement. The basic question arises: what impact will enlargement have on Community policies. The closer we move towards enlargement, the more pressing will become the need to specify which tasks must really be dealt with at European level and how to implement effectively new forms of partnership between the different levels of governance. The Intergovernmental Conference must address the question of subsidiarity and proportionality and come forward with proposals for each policy area. Where possible, the need for, and scope of, EU action must be reduced by decentralization or alternatives to legislation. Self-regulation and voluntary agreements produce far better results than legislation; in other areas more EU action may be required. 1. 6. Under the EC Treaty, the subsidiarity principle does not apply to legislation which falls within areas of EU exclusive competence. Despite this qualification, the European Commission has interpreted exclusive Community com- petence in Article 5(1) of the EC Treaty very broadly in the past and there is thus cause for concern that this practice will It would curtail therefore be useful to specify in the Treaty or in a Treaty Protocol what the areas of exclusive Community competence are. the impact of the subsidiarity principle. 1. 7. Although the general provision in Article 308 may have been justified at the beginning of the integration process, in order to cover any unintended competence loopholes and to ensure that integration was achieved quickly, this article is obsolete and should be removed from the Treaty. The regions and local authorities are calling for a simplified Treaty revision procedure calculated to achieve the necessary redefining of powers democratically and in accordance with the rule of law. 1. 5. Despite the progress and all the ongoing efforts of the Commission, it is becoming ever clearer — particularly in view of the new powers being granted to the Commission by the heads of government and the planned eastward enlargement of the European Union — that the subsidiarity and pro- portionality principles alone will not be enough to guarantee that European legislative activity focuses on what is essential. 1. 8. Improved delineation of EU responsibilities would not just make existing political powers more transparent for people, regions, Member States and the EU bodies themselves. Clearly defined powers would also increase the chances of moving to more majority voting and so improving the efficiency of the EU overall. In future the principles of subsidiarity and proportionality must therefore be reinforced by structuring powers to take account of the scope for action of, and cooperation between, the various spheres of government, with provision for a review, if necessary, depending on the quality of the results obtained. The Treaty lays down the principle that each institution should act within the powers conferred upon it 1. 9. The Committee feels that strengthening subsidiarity and proportionality would also promote the right of the Committee and of regions with legislative powers to appeal to the Court of Justice. This right would help to enhance the status of the COR, ensure full respect for its rights and make it possible to appeal in cases where the subsidiarity principle is C 226/62 EN Official Journal of the European Communities 8. 8. 2000 violated. It would help to protect the legislative powers of the regions against illegal interference. Granting the Committee of the Regions the status of an institution, under the terms of Article 7 of the EC Treaty, would resolve this matter without having to alter the article concerned. thorough consideration and discussion of these two complex issues, which are very different in nature, but of crucial importance in bringing the European Union closer to ordinary people. EU democracy cannot function properly unless the 1. 10. Treaties and the decision-making procedures become more transparent and intelligible to citizens. A rationalization and simplification is called for. The COR therefore endorses proposals to unify the Treaties in a text consisting of two sections: a) a ‘constitutional’ or basic section containing the preamble, fundamental rights and the objectives of the provisions concerning the institutions and individual conferred powers. This section can only be amended by an IGC. the Union, The Committee also welcomes the efforts of the 2. 2. European Commission in this subsidiarity and proportionality report to observe the subsidiarity and proportionality prin- ciples in the exercise of its legislative and regulatory powers by helping to repeal many legislative instruments through a large number of formal consolidation proposals. This has also ruled out intervention in areas that are a matter for regional or local authorities or that are clearly better dealt with by tiers of government that are closer to grassroots level. Moreover, each proposal made by the Commission should be evaluated in terms of its financial consequences, which will be borne by the Member States — and in particular the local authorities — in those areas where they are competent. b) a section dealing in particular with technical, procedural and institutional matters, in so far as these can also be dealt with under secondary law. This section can be amended under the lighter Community procedure not involving an IGC. In any case, the transfer of Member States’ powers to the European Union requires the agree- ment of Member States’ parliaments. 1. 11. In its opinion on the 1998 subsidiarity report, the Committee already noted that subsidiarity is also a guiding principle of the relationship between the European Union, the Member States and local and regional authorities, and that the definition contained in Article 5 of the EC Treaty should therefore apply to relations between the Community, the Member States and the regions and local authorities, without prejudice to the fact that the relations between regional and local authorities and the Member States are governed by individual national constitutions. The Committee would stress again that the Treaty 1. 12. provides for decisions to be taken at the level that is closest to the general public, which is not always the level of central government. The principle of subsidiarity should thus be understood as the basis for responsiveness to the general public and for efficiency. 2. 3. The Committee welcomes the fact that the Commission is making a greater effort, in accordance with the Amsterdam protocol, to choose the simplest possible form for its measures, and to always keep in mind that measures should be implemented and applied according to the same principle. 2. 4. In a Europe that is supposed to be transparent and responsive to public concerns it is essential to frame Com- munity legislation in such a way that it is understood by those for whom it is intended. The Committee therefore endorses the Commission’s efforts to make texts clearer, more coherent and unambiguous, in order to ensure uniform application in all the Member States. This requirement is all the more urgent as the texts which are adopted finally often are the subject of compromises which cannot always be transposed easily into national laws. 2. 5. The Committee regards the interinstitutional agree- ment adopted in December 1998 on quality of drafting of Community legislation as a step in the right direction. 2. Committee of the Regions’ recommendations for the Commission report 2. 6. The Committee feels that the Commission should continue with its efforts to simplify legislative provisions as far as possible. It should also help to ensure that its proposals are not blocked during discussion by other institutions. The Committee regrets that its suggestion in response 2. 1. to the Commission’s subsidiarity report ‘Better lawmaking 1998 — a shared responsibility’ the principles of subsidiarity and proportionality and the question of quality of texts should be dealt with in separate documents has not yet been taken up. The Committee repeats that dealing with these matters in a single document is not conducive to that application of 2. 7. The Committee is interested to note from the Com- mission’s report that its proposals on simplifying legislation have not been implemented by the Council and Parliament to the extent or at the pace proposed by the Commission. It therefore calls on the Council and on Parliament to cooperate with the Commission’s efforts to simplify legislative texts. 8. 8. 2000 EN Official Journal of the European Communities C 226/63 2. 8. The Committee considers the SLIM initiative (simpler legislation for the internal market) to be a good instrument for It also endorses the assessment promoting simplification. programme developed by the Commission in cooperation with the Member States. 2. 9. The Committee is pleased to see that the Commission is continuing its efforts to update (consolidate) instruments for information purposes, which are intended to meet the needs of all users of Community law. Information on the Eur-Lex and Celex sites, where in the past year some 500 consolidated legal instruments have been made available, is a considerable benefit. Moreover, although the recent overhaul of the Celex site has increased the number of formats available, there are serious shortcomings in terms of user-friendliness, especially as regards printing the selected documents. Appendices in table form are an example, as these are often essential to the interpretation and implementation of legislation. 2. 10. The aim of making the European Union more transparent and comprehensible, and thus closer to the general public, requires first and foremost that people have access to information on Community law. New technology provides effective tools to supplement information brochures and handbooks. The Commission is called upon to make more use of these possibilities. The Commission’s Europa server provides an example of people’s growing interest in Europe. However, there is a need for the various pages to be made more user-friendly and more accessible, by enabling the server to cope with simultaneous hits. the traditional Brussels, 13 April 2000. The President of the Committee of the Regions Jos CHABERT