Eurostat Unit A5 Phare. Policy Group on Statistical Co-operation

Transcription

1 Eurostat Unit A5 Phare Fourth Meeting of the Policy Group on Statistical Co-operation 25-26, October 2001 Bratislava Start: am Integration of candidate countries into ESS structures (Document PGSC/2001/04) Point 1.4 of the Agenda

2 EUROPEAN COMMISSION EUROSTAT Directorate A: Statistical information systems; research and data analysis; technical cooperation with Phare and Tacis countries Unit A-5: Technical cooperation with Phare and Tacis countries Policy Group on Statistical Co-operation Phare Fourth Meeting on 25-26, October 2001 Bratislava, start am PGSC/2001-1/04 Integration of candidate countries into ESS structures NW/HS/ The PGSC is invited to discuss the model of involvement presented hereafter and any other issues related to the subject. The concerned offices are invited to provide for the necessary organisation for efficient participation in the structures concerned. 1. Purpose Through many years of statistical co-operation in the framework of the Phare programme and because of strong commitment of Eurostat and Member States NSOs, the concerned Candidate Countries have come very close to the European Statistical System. The CD of Eurostat deliberated on the subject of further integration of candidate countries on and took a number of orientations with the common aim to approximate candidate countries wherever possible. This should though happen in line with general Commission orientations and be compatible with the legal provisions. It turned out that a direct and formal participation in Committees was not possible prior to the signature of an Accession Treaty. Especially were envisaged the following measures: 1) To open ways to allow CCs to access SPC documents and reports. 2) To give CCs the possibility to express opinions, through appropriate written statements. 2

3 3) To allow CCs to co-operate in preparing the long term future and to participate in discussions for the next Statistical Programme through one single consultation. This subject should be discussed at the DGINS meeting. Further discussion took place at the margin of the DGINS meeting of Madrid in May As a result candidate countries were invited to participate at a task force meeting 9, July 2001 discussing the new statistical programme It also appeared clearly during the process that Member States were quite favourable for integrating candidate countries. 2. Problem statement Accession Countries participate very largely in Eurostat working groups where they have an observer status with a right to intervene. They are also invited to all sector specific committees run by Eurostat, lately also to the CMFB. They are not taking part in the meetings of SPC, GNP committee and CEIES working group, except the CEIES seminars. Once a year, the presidents of NSO s of Candidate Countries are invited to the DGINS meeting. During the meeting of the Phare Policy Group on Statistical Co-operation (PGSC) in Budapest in October 2000, Mr. Toczynski, supported by several other presidents, asked Mr. Franchet to consider a next integration step. A group composed by Poland, Hungary and Czech Republic was charged to propose solutions in writing. This paper was transmitted by Poland, on behalf not only of this group, but apparently after consultation of all twelve Accession Countries. The proposal appeared quite balanced, it contains in itself a solution in phases, called dimensions there, briefly resumed hereafter. Dimension 1: Obtaining information, access to SPC documents and the reports; Dimension 2: Possibility to express opinions, through appropriate written statements; Dimension 3: Co-operate in preparing the long term future, participate in discussions for the next Statistical Programme; Dimension 4: Participation in the SPC and other committees as observers. There are two options: either all countries will participate or only a part of them. The paper also exposed the basic reasons for the request, which are essentially: The unconditioned commitment to the acquis communautaire, including future components of it; Long planning cycles for statistics require preparation with a long time horizon; First accessions may not be so far away. The paper remains positive and constructive in presenting the request. 3. Proposed solution In considering steps for the future, the following issues should be taken into account: 3

4 After the Nice and Göteborg European Councils, first accessions may happen in 2004 or Given the time required for the formal establishment and ratification of the Accession Treaties, the political decisions will be taken in 2002 or 2003 at the latest. The whole subject should be reviewed once more, when these political decisions will be known. Official admission to committees with a certain status will formally take place earliest after the conclusion of the Accession Treaty, i.e. in 2002 or 2003 for the first group to adhere. The statistics part of this Treaty is de facto ready (not of course de iure ), as there is no request for any exceptional measure from any accession country. There is an internal Commission guideline annexed hereto regulating the participation in meetings. Statistical programme : discussions and preparation have started. Echoes from showed that contributions from candidate countries appeared useful also for Eurostat and Member States. From what precedes it appears that direct participation in the SPC meetings is not possible now. Nonetheless and given the specific nature of statistics Eurostat wants candidate countries to be informed and involved as far as possible. In doing this and comparing to the official line, Eurostat has already gone to the limits possible. Other formula, like back-to-back information meetings seem to be inefficient and inappropriate. The next steps, which Eurostat considers for the moment are thus the following: Provide full access to CIRCA groups: The practical modalities of this access are being studied. It will provide knowledge of all SPC documents. Possibility to express opinions in writing before the meetings: Two tools are possible: - The same form exchange views that is used with Member States when preparing the SPC meetings. This gives possibilities to give short comments on all the documents of SPC. Again here the practical implementation needs to be investigated, the number of countries expressing an opinion would rise sharply. Also for candidate countries themselves this requires sound preparation and organisation. - When the topics are essential for the Candidate Countries a specific collection and reporting to the SPC will be organised as is the case of the preparation of the new five-year programme This procedure of compiling and consolidating would be done within Eurostat (most probably A5). Participation in task forces and working groups concerning the new Statistical Programme: this has already successfully been started with the meeting of Afterwards candidate countries have provided written comments to the draft text. Participation in the SPC network group: The group is informal, being composed of the assistants of the DGs of the Member States in SPC issues. The main purpose of the group is to increase transparency and to improve communication by continuous exchange of information, especially in the context of preparations of the SPC meetings. 4

5 Attachment: Internal Commission guidelines concerning the participation of candidate countries in meetings (issued February 2001) PARTICIPATION OF CANDIDATE COUNTRIES IN COMMUNITY COMMITTEES Principles established by the Commission in its Communication to the Council on the "Participation of candidate countries in Community programmes, agencies and committees" [COM(1999) 710] 1 Working paper INTRODUCTION Part 4 of the Communication deals with participation in committees set up to assist the Commission in the exercise of powers delegated by the Council ("committee procedure" committees), and in various other committees and working parties. It was stated at the outset that countries which are not yet members of the European Union should not be involved in any Community decision-making mechanism. However, account must be taken of the fact that whole areas of the acquis will be applied in full by the candidate countries 2 even before their accession and it is therefore in the interest of the European Union to involve these countries in the machinery by which the acquis is developed, to ensure it is effectively applied and to familiarise them with procedures in order to avoid the introduction of laws or policies incompatible with the acquis (point 4.2.a). The participation of the candidate countries should therefore be examined and decided on according to the type of committee and its involvement in the legislative process. TYPES OF COMMITTEE AND WORKING PARTY Four types of committee or working party were referred to in the Communication: 1. Committees responsible for monitoring Community programmes (point 4.1); 2. "Committee procedure" committees outside the framework of Community programmes (point 4.2.b); 3. Committees which discuss application of the Community acquis (point 4.2.c); 4. Working parties created by the Commission (point 4.2.d). The basic characteristics of these committees or working parties, and the criteria for the participation of the candidate countries, are as follows: 1 Available on the Europa website: 2 Under the pre-accession strategy as defined by the Helsinki European Council in December 1999, there are 13 candidate countries: the 10 CEECs, Cyprus, Malta and Turkey. 5

6 1. "Committee procedure" committees managing Community programmes. These are the regulatory or management committees of programmes. Representatives of the candidate countries must be invited to meetings of these committees as observers and for the items which concern them. The Commission must comply with this undertaking as it has been formalised by international agreements between the Community and the countries in question since 1999 (various Association Council decisions - simplified agreements - with the ten CEECs and agreements with Cyprus and Malta). The undertaking is applicable only in the case of programmes in which the candidate countries participate and to which they contribute financially on the basis of these agreements. 2. "Committee procedure" committees outside the framework of Community programmes. It is envisaged that representatives of the candidate countries will participate only where the country in question has applied whole areas of the acquis in full before its accession. The Commission in fact proposed (point 4.2.b) that "In view of the foregoing, appropriate arrangements might be envisaged whereby a country which has been accepted by the Association Council as having taken over the entire acquis in a given field can be involved in further developments of the acquis. Actual application and not simply the formal transposition of the acquis by the candidate country would be ascertained by the Association Council 3 ". These bodies would also define the participation status conferred on the candidate countries for the committees, on the basis of criteria previously established for this purpose. The participation of the candidate countries in these committees is not currently an issue as the Association Council is yet to come across a single instance of the actual and full application of the acquis by a candidate country in any field. If the DGs concerned were to ascertain the "actual application and not simply the formal transposition" referred to above, appropriate arrangements would be proposed by the Commission to the EU Council. Only if approved by the EU Council might they then be formalised by the Association Council between the Community and the country concerned. 3. Committees which discuss application of the Community acquis. Early participation by the candidate countries might be allowed in cases where the committees do not meet to issue opinions on implementing or management powers delegated to the Commission but rather to discuss any other matter relating to the application of the Community acquis. The Commission considered that the candidate countries' participation would then be desirable in order to obtain a better understanding of the practical aspects of applying the acquis. 3 For the record: The Association Council is composed of members of the EU Council and European Commission and members of the government of the associated country. 6

7 DGs managing areas of the acquis may, after consulting the Secretariat General, the Legal Service and DG Enlargement, envisage the participation of candidate countries in committees of this type on a case-by-case basis. With the agreement of these departments, the Commission representative, as chair, may then propose to the members of the committee concerned that representatives of the candidate countries be invited to some or all of its meetings. All 13 candidate countries must be invited (principle of non-discrimination under the pre-accession strategy). The Commission does not have to request the Council's permission to invite candidate countries to meetings of these committees. However, it must first secure the agreement of the committee members. 4. Working parties created by the Commission. Early participation in working parties responsible for assisting the Commission in technical areas would also be desirable. 4 The DGs concerned may, following consultation with DG Enlargement, decide to invite experts from the candidate countries in accordance with the non-discrimination principle referred to above. The Commission does not have to request the Council's permission to invite candidate countries to meetings of these working parties. ********* Status of representatives of the candidate countries participating in committees: without exception, representatives of candidate countries will not be allowed to sit on the committees concerned as members, as that status is reserved for Member State representatives. Representatives of candidate countries will have observer status only (without voting rights, of course) in the committees referred to under heading 1, or expert-observer status in the committees or working parties referred to under headings 3 and 4. [This working paper was ratified by the Interservice Group on Enlargement at its meeting of 14 February 2001] 4 Paragraph 4(2)(d) of the Communication: such working parties "owing to their informal nature, do not constitute committees assisting the Commission in the exercise of the powers delegated to it by the Council. Working parties of this type (which include those for motor vehicles and measuring instruments) are not covered by the "Committee Procedures" decision. They are chaired by the Commission and include representatives of all the Member States. They normally have the same composition as the committees set up by legislative act but do not perform the same functions." 7