Introduction 1. The European Council met in Edinburgh on 11-12 December 1992 to discuss the central problems on the Community's agenda. The meeting was preceded by an exchange of views between the members of the European Council and the President of the European Parliament on the various issues of the agenda. 2. The European Council agreed on solutions to a very wide range of issues which are essential to progress in Europe. This paves the way for a return to confidence by its citizens in European construction which will contribute to the recovery of the European economy. In particular the European Council reached agreement on the following major issues: - The problems raised by Denmark in the light of the outcome of the Danish referendum on 2nd June 1992 on the Maastricht Treaty, - Guidelines to implement the subsidiarity principle and measures to increase transparency and openness in the decision making process of the Community, - The financing of Community action and policies during the rest of this decade, - The launching of enlargement negotiation with a number of EFTA countries, - The establishment of a plan of action by the Member States and the Community to promote growth and to combat unemployment. Treaty on European Union - state of the ratification process 3. The members of the European Council reaffirmed their commitment to the Treaty on European Union. Ratification is necessary to make progress towards European Union and for the Community to remain an anchor of stability in a rapidly changing continent, building on its success over the last four decades. 4. Having reviewed the state of the ratification process the European Council agreed to the texts set out in Part B of these Conclusions concerning the issues raised by Denmark in its memorandum "Denmark in Europe" of 30 October 1992. This will create the basis for the Community to develop together, on the basis of the Maastricht Treaty, while respecting, as the Treaty does, the identity and diversity of Member States. Subsidiarity5. On the basis of a report from Foreign Ministers the European Council agreed the overall approach, set out in Annex 1, to the application of the subsidiarity principle and the new Article 3b . The European Council invited the Council to seek an inter-institutional agreement between the European Parliament, the Council and the Commission on the effective application of Article 3b by all institutions. The European Council discussed this aspect with the President of the European Parliament. It welcomed the ideas in the draft of an Inter-Institutional Agreement presented by the European Parliament. 6. The European Council received a report from the President of the Commission on the first fruits of the Commission's review of existing and proposed legislation in the light of the subsidiarity principle. These examples are set out in Annex 2. The European Council noted the Commission's intention to withdraw or amend certain proposals and to make proposals for the amendment of items of existing legislation. It looks forward to the final report on the review of existing legislation, which the Commission will prepare for the European Council in December 1993. Openness and transparency 7. The European Council reaffirmed its commitment at Birmingham to a more open Community and adopted the specific measures set out in annex 3. The conclusion with regard to access to the work of the Council will be reviewed at the end of 1994. The European Council welcomed the measures the Commission has recently decided to take in the field of transparency. These include producing the annual work programme in October, to allow for wider debate including in national parliaments; seeking closer consultation with the Council on the annual legislative programme; wider consultation before making proposals, including the use of green papers; making Commission documents public in all Community languages; and attaching higher priority to consolidation and codification of legal texts. The European Council reconfirmed its invitation at Birmingham for the Commission to complete by early next year its work resulting from the declaration in the Maastricht Treaty on improving access to the information available to it and to other Community Institutions. Accession of new Member States to the Union 8. The European Council in Lisbon agreed that official negotiations with EFTA countries seeking membership of the Union will be opened immediately after the Treaty on European Union is ratified and the agreement has been achieved on the Delors II package. Given the agreement reached on future financing and the prospects for earlyratification of the Treaty on European Union by all Member States, theEuropean Council agreed that enlargement negotiations will start with Austria, Sweden and Finland at the beginning of 1993. These negotiations will be based on the general negotiation framework of which the General Affairs Council took note on 7 December. They will be transformed into negotiations under Article O of the Treaty on European Union once it enters into force, and can only be concluded once the Treaty on European Union has been ratified by all Member States. The conditions of admission will be based on the acceptance in full of the Treaty on European Union and the "acquis", subject to possible transitional measures to be agreed in the negotiations. The European Council invited the Council of Ministers to take decisions on the opening of negotiations on the same basis with Norway as soon as the Commission's opinion on its application is available. Negotiations will to the extent possible be conducted in parallel. It invited the Commission, in preparing its Opinion on the Swiss application, to take into account the views of the Swiss authorities following the 6 December referendum on the EEA agreement. It welcomes the contacts now underway with the EFTA countries to identify the next steps in proceeding with the agreement. GATT 9. The European Council welcomed the resumption of negotiations in Geneva on the GATT Uruguay Round. It reaffirmed its commitment at Birmingham to an early, comprehensive and balanced agreement and called on all the parties to complete the negotiations accordingly. It noted that the final package must be judged as a whole. Promoting Economic Recovery in Europe 10. The European Council heard a report from the President of the Commission about the economic situation. It discussed the prospects for growth and the rise in unemployment. It agreed to carry forward the action and initiatives set out in the declaration in Annex 4. Internal Market 11. The European Council noted with particular satisfaction that the White Paper programme for creating the Internal Market will in all essential respects be successfully completed by 31 December 1992. This is a historic moment for the Community, marking the fulfilment of one of the fundamental objectives of the Treaty of Rome. The large Single Market is an irreversible achievement. It will offer consumers more choice and lower prices; it will help job creation and will sharpen the international competitiveness of business in Europe. The Community will remain open to world trade and investment. 12. The European Council noted that since 1985 over 500 internal market measures have been agreed, including nearly all those in the original White Paper. It paid tribute to the vital role played by the Commission in initiating this programme and to the constructive cooperation on it between the Council and the European Parliament. The decision-making procedures introduced by the Single European Act have proved indispensable for the timely completion of the programme. 13. Work on the Single Market programme has covered a wide canvas, openingup public purchasing, liberalising transport and financial services,improving Community-wide acceptance of product standards, removing non- tariff barriers, and making it easier for people to work throughout the Community. 14. The European Council welcomed the agreements recently reached on indirect tax measures, investment services and cultural goods and airport slot allocation, as well as the commitment by all Member States to abolish systematic frontier controls on goods by 1 January 1993, respecting Article 28 of the European Single Act. The European Council recognized that the internal market will remain a dynamic process, and that it must be adapted and improved to keep pace with changing circumstances. 15. The European Council considered that accurate and timely transposition of Community measures by Member States is essential to secure the full benefits of the internal market. 16. Recalling its Lisbon conclusions, the European Council stressed the need to ensure that the internal market works to the benefit of all the Community's citizens and enterprises. It therefore welcomed the Resolutions adopted at the 10 November Internal Market Council and 24 November Industry Council identifying the priorities and practical steps necessary to ensure that the internal market works fairly and effectively and without undue burdens on business, notably small and medium-sized enterprises. It also welcomed the Commission's recent response to the important recommendations of the high level group under Mr Peter Sutherland. It invited the Council to continue urgent work on these issues. Free Movement of Persons 17. The European Council has had to take note of the fact that free movement of persons within the Community, in accordance with Article 8a of the Treaty of Rome, cannot be completely assured on 1st January 1993. 18. The work necessary to achieve this result without creating dangers for public security and compromising the fight against illegal immigration, although having progressed, is still under way. Further progress is needed in particular to complete the ratification process of the Dublin Asylum Convention, to conclude the External Frontiers Convention and to complete negotiations on a Convention on the European Information System. 19. However, noticeable changes benefitting travellers will occur during the course of next year: - thus, the Member States of Schengen will put into effect this agreement during 1993, as soon as the preconditions for its implementation are fulfilled. In this group of States, the abolition of controls will be effective from that date at internal land, maritime and air frontiers; - other Member States have made known their intention to take various measures to lighten controls at borders on nationals of Member States of the Community. 20. Reaffirming its commitment to the full and rapid implementation ofArticle 8a, the European Council has invited the competent Ministers toaccelerate their work and has decided to come back to this issue at the next meeting of the European Council on the basis of a report from the Ministers. Justice and Home Affairs 21. The European Council noted the work of the co-ordinators' Group on the implementation of the justice and home affairs pillar of the Treaty on European Union. It requested the Group to ensure that detailed plans are taken forward for the development of communication systems and other preparations. 22. The European Council welcomed the progress made by the Ministers with responsibility for Immigration under the work programme on immigration and asylum, and in particular the agreement in principle at their London meeting of Resolutions on Manifestly Unfounded Asylum Applications, and on Host Third Countries. 23. The European Council noted with approval the report of CELAD on its past work, and its report on the co-ordination of drugs issues and its future role. 24. The European Council noted the Report of the Trevi Ministers and looked forward to the early establishment of the Europol Drugs Unit. Migration 25. Deeply concerned by the intensification of episodes of intolerance, which it has strongly condemned, the European Council has underlined that there must be no room for racism and xenophobia in today's Europe, and has reiterated its determination to oppose such attitudes with renewed vigour. The European Council stressed the importance of protecting all immigrants from racist attacks and implementing fully their policies for integrating legal immigrants. It expressed its deep concern at acts of aggression against foreign immigrants. It deplored the fact that, precisely at a time when the divisions in Europe are ceasing to exist, the general trend towards the greater unity of our continent is marred by such acts. It is convinced that vigorous and effective measures must be taken, throughout Europe, to combat this phenomenon, both through education and legislation. The European Council agreed the declaration in Annex 5. Size of the European Parliament 26. The European Council agreed - based on the proposal of the European Parliament - on the following numbers of members of the European Parliament, from 1994, to reflect German unification and in the perspective of enlargement: Belgium 25 Denmark 16 Germany 99 Greece 25 Spain 64 France 87 Ireland 15 Italy 87 Luxembourg 6 Netherlands 31 Portugal 25 United Kingdom 87 _____ TOTAL 567 The necessary legal texts will be prepared for adoption in due course. Seats of the Institutions 27. On the occasion of the European Council Member States reached agreement on the seats of the European Parliament, the Council, the Commission, the Court of Justice and the Court of First Instance, the Economic and Social Committee, the Court of Auditors, and the European Investment Bank. The formal decision is set out in Annex 6. ANNEX 1 to PART A OVERALL APPROACH TO THE APPLICATION BY THE COUNCIL OF THE SUBSIDIARITY PRINCIPLE AND ARTICLE 3b OF THE TREATY ON EUROPEAN UNION I.BASIC PRINCIPLES European Union rests on the principle of subsidiarity, as is made clear in Articles A and B of title I of the Treaty on European Union. This principle contributes to the respect for the national identities of Member States and safeguards their powers. It aims at decisions within the European Union being taken as closely as possible to the citizen. 1. Article 3b of the EC Treaty [1] covers three main elements: - a strict limit on Community action (first paragraph); - a rule (second paragraph) to answer the question "Should the Community act ?". This applies to areas which do not fall within the Community's exclusive competence; - a rule (third paragraph) to answer the question: "What should be the intensity or nature of the Community's action?". This applies whether or not the action is within the Community's exclusive competence. 2. The three paragraphs cover three distinct legal concepts which have historical antecedents in existing Community Treaties or in the case-law of the Court of Justice: i) The principle that the Community can only act where given the power to do so - implying that national powers are the rule and the Community's the exception - has always been a basic feature of the Community legal order (The principle of attribution of powers). ii) The principle that the Community should only take action where an objective can better be attained at the level of the Community than at the level of the individual Member States is present in embryonic or implicit form in some provisions of the ECSC Treaty and the EEC Treaty; the Single European Act spelled out the principle in the environment field. (The principle of subsidiarity in the strict legal sense). iii) The principle that the means to be employed by the Community should be proportional to the objective pursued is the subject of a well-established case-law of the Court of Justice which, however, has been limited in scope and developed without the support of a specific article in the Treaty. (The principle of proportionality or intensity). 3. The Treaty on European Union defines these principles in explicit terms and gives them a new legal significance - by setting them out in Article 3b as general principles of Community law; - by setting out the principle of subsidiarity as a basic principle of the European Union; [2] - by reflecting the idea of subsidiarity in the drafting of several new Treaty articles. [3] 4.The implementation of Article 3b should respect the following basic principles - Making the principle of subsidiarity and Article 3b work is an obligation for all the Community institutions, without affecting the balance between them. An agreement shall be sought to this effect between the European Parliament, the Council and the Commission, in the framework of the interinstitutional dialogue which is taking place among these Institutions. - The principle of subsidiarity does not relate to and cannot call into question the powers conferred on the European Community by the Treaty as interpreted by the Court. It provides a guide as to how those powers are to be exercised at the Community level, including in the application of Article 235. The application of the principle shall respect the general provisions of the Maastricht Treaty, including the "maintaining in full of the acquis communautaire", and it shall not affect the primacy of Community law nor shall it call into question the principle set out in Article F(3) of the Treaty on European Union, according to which the Union shall provide itself with the means necessary to attain its objectives and carry through its policies. - Subsidiarity is a dynamic concept and should be applied in the light of the objectives set out in the Treaty. It allows Community action to be expanded where circumstances so require, and conversely, to be restricted or discontinued where it is no longer justified. - Where the application of the subsidiarity test excludes Community action, Member States would still be required in their action to comply with the general rules laid down in Article 5 of the Treaty, by taking all appropriate measures to ensure fulfilment of their obligations under the Treaty and by abstaining from any measure which could jeopardize the attainment of the objectives of the Treaty. - The principle of subsidiarity cannot be regarded as having direct effect; however, interpretation of this principle, as well as review of compliance with it by the Community institutions are subject to control by the Court of Justice, as far as matters falling within the Treaty establishing the European Community are concerned. - Paragraphs 2 and 3 of Article 3b apply only to the extent that the Treaty gives to the institution concerned the choice whether to act and/or a choice as to the nature and extent of the action. The more specific the nature of a Treaty requirement, the less scope exists for applying subsidiarity. The Treaty imposes a number of specific obligations upon the Community institutions, for example concerning the implementation and enforcement of Community law, competition policy and the protection of Community funds. These obligations are not affected by Article 3b: in particular the principle of subsidiarity cannot reduce the need for Community measures to contain adequate provision for the Commission and the Member States to ensure that Community law is properly enforced and to fulfil their obligations to safeguard Community expenditures. - Where the Community acts in an area falling under shared powers the type of measures to apply has to be decided on a case by case basis in the light of the relevant provisions of the Treaty.[4] II. GUIDELINES In compliance with the basic principles set out above, the following guidelines - specific to each paragraph of Article 3b - should be used in examining whether a proposal for a Community measure conforms to the provisions of Article 3b. First paragraph (Limit on Community action) Compliance with the criteria laid down in this paragraph is a condition for any Community action. In order to apply this paragraph correctly the institutions need to be satisfied that the proposed action is within the limits of the powers conferred by the Treaty and is aimed at meeting one or more of its objectives. The examination of the draft measure should establish the objective to be achieved and whether it can be justified in relation to an objective of the Treaty and that the necessary legal basis for its adoption exists. Second paragraph (Should the Community act?) i) This paragraph does not apply to matters falling within the Community's exclusive competence. For Community action to be justified the Council must be satisfied that both aspects of the subsidiarity criterion are met: the objectives of the proposed action cannot be sufficiently achieved by Member States' action and they can therefore be better achieved by action on the part of the Community. ii) The following guidelines should be used in examining whether the above-mentioned condition is fulfilled: - the issue under consideration has transnational aspects which cannot be satisfactorily regulated by action by Member States; and/or - actions by Member States alone or lack of Community action would conflict with the requirements of the Treaty (such as the need to correct distortion of competition or avoid disguised restrictions on trade or strengthen economic and social cohesion) or would otherwise significantly damage Member States' interests; and/or - the Council must be satisfied that action at Community level would produce clear benefits by reason of its scale or effects compared with action at the level of the Member States. iii) The Community should only take action involving harmonisation of national legislation, norms or standards where this is necessary to achieve the objectives of the Treaty. iv) The objective of presenting a single position of the Member States vis-à-vis third countries is not in itself a justification for internal Community action in the area concerned. v) The reasons for concluding that a Community objective cannot be sufficiently achieved by the Member States but can be better achieved by the Community must be substantiated by qualitative or, wherever possible, quantitative indicators. Third paragraph (Nature and extent of Community action) i) This paragraph applies to all Community action, whether or not within exclusive competence. ii) Any burdens, whether financial or administrative, falling upon the Community, national governments, local authorities, economic operators and citizens, should be minimised and should be proportionate to the objective to be achieved; iii) Community measures should leave as much scope for national decision as possible, consistent with securing the aim of the measure and observing the requirements of the Treaty. While respecting Community law, care should be taken to respect well established national arrangements and the organisation and working of Member States' legal systems. Where appropriate and subject to the need for proper enforcement, Community measures should provide Member States with alternative ways to achieve the objectives of the measures. iv) Where it is necessary to set standards at Community level, consideration should be given to setting minimum standards, with freedom for Member States to set higher national standards, not only in the areas where the treaty so requires (118a, 130t) but also in other areas where this would not conflict with the objectives of the proposed measure or with the Treaty. v) The form of action should be as simple as possible, consistent with satisfactory achievement of the objective of the measure and the need for effective enforcement. The Community should legislate only to the extent necessary. Other things being equal, directives should be preferred to regulations and framework directives to detailed measures. Non-binding measures such as recommendations should be preferred where appropriate. Consideration should also be given where appropriate to the use of voluntary codes of conduct. vi) Where appropriate under the Treaty, and provided this is sufficient to achieve its objectives, preference in choosing the type of Community action should be given to encouraging cooperation between Member States, coordinating national action or to complementing, supplementing or supporting such action. vii) Where difficulties are localised and only certain Member States are affected, any necessary Community action should not be extended to other Member States unless this is necessary to achieve an objective of the Treaty. III. PROCEDURES AND PRACTICES The Treaty on European Union obliges all institutions to consider, when examining a Community measure, whether the provisions of Article 3b are observed. For this purpose, the following procedures and practices will be applied in the framework of the basic principles set out under paragraph II and without prejudice to a future interinstitutional agreement. a) Commission The Commission has a crucial role to play in the effective implementation of Article 3b, given its right of initiative under the Treaty, which is not called into question by the application of this article. The Commission has indicated that it will consult more widely before proposing legislation, which could include consultation with all the Member States and a more systematic use of consultation documents (green papers). Consultation could include the subsidiarity aspects of a proposal. The Commission has also made it clear that, from now on and according to the procedure it already established in accordance with the commitment taken at the European Council in Lisbon, it will justify in a recital the relevance of its initiative with regard to the principle of subsidiarity. Whenever necessary, the explanatory memorandum accompanying the proposal will give details on the considerations of the Commission in the context of Article 3b. The overall monitoring by the Commission of the observance of the provisions of Article 3b in all its activities is essential and measures have been taken by the Commission in this respect. The Commission will submit an annual report to the European Council and the European Parliament through the General Affairs Council on the application of the Treaty in this area. This report will be of value in the debate on the annual report which the European Council has to submit to the European Parliament on progress achieved by the Union (see Article D in the Treaty on European Union). b) Council The following procedure will be applied by the Council from the entry into force of the Treaty. In the meantime they will guide the work of the Council. The examination of the compliance of a measure with the provisions of Article 3b should be undertaken on a regular basis; it should become an integral part of the overall examination of any Commission proposal and be based on the substance of the proposal. The relevant existing Council rules, including those on voting, apply to such examination [5] . This examination includes the Council's own evaluation of whether the Commission proposal is totally or partially in conformity with the provisions of Article 3b (taking as a starting point for the examination the Commission's recital and explanatory memorandum) and whether any change in the proposal envisaged by the Council is in conformity with those provisions. The Council decision on the subsidiarity aspects shall be taken at the same time as the decision on substance and according to the voting requirements set out in the Treaty. Care should be taken not to impede decision-making in the Council and to avoid a system of preliminary or parallel decision-making. The Article 3b examination and debate will take place in the Council responsible for dealing with the matter. The General Affairs Council will have responsibility for general questions relating to the application of Article 3b. In this context the General Affairs Council will accompany the annual report from the Commission (see 2 a) above) with any appropriate considerations on the application of this Article by the Council. Various practical steps to ensure the effectiveness of the Article 3b examination will be put into effect including: - working group reports and COREPER reports on a given proposal will, where appropriate, describe how Article 3b has been applied, - in all cases of implementation of the Article 189b and 189c procedure, the European Parliament will be fully informed of the Council's position concerning the observance of Article 3b, in the explanatory memorandum which the Council has to produce according to the provisions of the Treaty. The Council will likewise inform the Parliament if it partially or totally rejects a Commission proposal on the ground that it does not comply with the principle of Article 3b. ANNEX 2 to PART A SUBSIDIARITY EXAMPLES OF THE REVIEW OF PENDING PROPOSALS AND EXISTING LEGISLATION The Birmingham European Council agreed that, to flesh out the subsidiarity principle, it would examine at Edinburgh the initial outcome of a Commission review of existing Community legislation, with examples. The Commission has proceeded along three lines: - in October it gave the other institutions the fruits of its reflections on subsidiarity in the form of a political, technical and legal analysis; - it proposed broad lines for an interinstitutional agreement, which was substantially accepted by Parliament and well received by the Member States. The subsidiarity principle has an impact on all the three Institutions involved in their respective ways in the decision- making and legislative process; - the Commission, for its part, embarked on a review of pending proposals, an initial analysis of existing legislation, and deeper reflection on a number of initiatives that it was planning. In accordance with the conclusions of the Lisbon European Council the Commission will supplement this with a report to the December 1993 European Council on the results of its review of certain Community rules with a view to adapting them to the subsidiarity principle. 1. The Commission's first priority was to review all proposals pending before the Council and Parliament in the light of the subsidiarity principle. It reviewed each proposal in terms both of the need-for-action criterion and of the intensity criterion - proportionality of resources deployed to objectives pursued. a) The Commission has come to the conclusion that certain of its proposals were not fully warranted in terms either of value added by Community action or of comparative efficiency in relation to other possibilities of action in national or international contexts. In this spirit it recently withdrew three proposals for Directives: - compulsory indication of nutritional values on the packaging of foodstuffs; - radio frequencies for land-based telecommunications with aircraft; and - radio frequencies for remote-processing facilities in road transport. After the proper contacts, notably with Parliament, it is further considering withdrawing the following proposals: - measures proposed at the time of the Gulf crisis in the event of oil supply and stock difficulties in the Community; - conditions in which animals are kept in zoos (there will be a proposal for a Recommendation on this subject at a later date); - radio frequencies for the co-ordinated introduction of digital short- range radio communications (DSRR); - indirect taxation on transactions in securities; - indirect taxation on capital accumulations; - amendments to the Sixth VAT Directive; - higher tax-free allowances for fuel in the tanks of utility vehicles; - VAT on ships' supplies; - temporary importation of motor vehicles; - classification of documents of Community institutions; - network of information centres on agricultural markets and quality standards. b) The Commission has also concluded, notably following debates in Parliament and the Council, that certain pending proposals tend to go into excessive detail in relation to the objective pursued. It is accordingly planning to revise a number of them so that they establish general principles to be given more detailed form by the Member States: - public takeover bids; - common definition of the concept of Community shipowner; - comparative advertising; - labelling of shoes; - liability of suppliers of services; - protection of natural persons in relation to data processed via digital telecommunications networks. 2.The Commission has also identified several families of existing rules and regulations which it intends to scrutinize as part of its programme for 1993. As far as technical standards are concerned, a series of directives embodying excessively detailed specifications could be streamlined and replaced, under the new approach to harmonization, by minimum requirements to be met by products circulating freely within the Community. The directives in question relate in the main to foodstuffs (preserves, natural mineral waters, honey, coffee extracts, fruit juices). The Commission will also propose that the scope of certain directives be clarified. Although adopted under the new approach to harmonization, these texts (the low tension and machinery directives for instance) present problems of overlapping. In the area of qualifications, the Commission will review the already quite old directives on certain regulated occupations to facilitate implementation and reinforce mutual recognition. On the environment, the Commission intends to simplify, consolidate and update existing texts, particularly those on air and water, to take new knowledge and technical progress into account. On agriculture, with particular reference to the clearance of accounts, in particular, the Commission intends to give national authroities more responsibility for applying Community legislation by allowing them, under certain conditions, to negotiate settlements with individuals. As to animal welfare, accession by all the Member States to the European Convention on the Protection of Animals kept for Farming Purposes means that there is no point in retaining the Council directives introducing very strict standards, at Parliament's request, for the protection of pigs, calves and laying hens. However, minimum Community rules on animal welfare will be needed to guarantee fair competition and freedom of movement. Turning to social policy, the Commission considers that the group of directives based on Article 118a of the Treaty is too recent to warrant re-examination. Instead its priority will be to supplement them by implementing all the provisions of the Charter of the Fundamental Social Rights of Workers. However, early steps will have to be taken to simplify and codify the body of older regulations on the free movement of workers. 3. Finally, the Commission can say that, following consultations with interested parties, it intends to abandon certain initiatives that had been planned. It will not, for instance, be going ahead with proposals on the harmonization of vehicle number plates or the regulation of gambling. Similarly, the Commission sees no need to continue preparatory work on the harmonization of certain technical standards (for instance, on dietary foods, second-hand machinery, structures and equipment for funfairs and theme parks, mechanical fixing and bolts in particular). In more general terms the Commission is intending to use its monopoly of the right of initiative by declining to accept requests made by the Council at informal meetings that it make proposals for Directives. In the same spirit it will be tougher about rejecting amendments proposed by the Council and Parliament that run counter to the proportionality rule or would unnecessarily complicate Directives or Recommendations that are in fact justified under the need-for-action criterion. ANNEX 3 to PART A TRANSPARENCY - IMPLEMENTATION OF THE BIRMINGHAM DECLARATION - Acces to the work of the Council - Information on the role of the Council and its decisions - Simplification of and easier access to Community legislation ACCESS TO THE WORK OF THE COUNCIL The process of opening up the work of the Council will start in the following areas: a) Open Debates on Work Programme and on Major Initiatives of Community Interest i) Open orientation debates on relevant Presidency or Commission work programmes, in both the General Affairs Council and the ECOFIN Council. The timing will be for decision by the Presidency. ii) There should be regular open debates on major issues of Community interest. It will be for the Presidency, any Member State or the Commission to propose issues for open debate. The decision will be taken by the Council on a case by case basis. b) Legislation Major new legislative proposals will, whenever appropriate, be the subject of a preliminary open debate, in the relevant Council, on the basis of the Commission's legislative proposal. It will be for the Presidency, any Member State or the Commission to propose specific subjects for a debate. The decision will be taken by the Council on a case by case basis. Negotiations on legislation in the framework of the Council shall remain confidential. c) Publication of Voting Records When a formal vote is taken in Council, the record of the vote (including explanations of vote where delegations request these) shall be published. d) The decision on holding an open debate on a specific item under point a ii) and b) shall be taken by unanimity. e) "Public access" will be achieved by televising the debate for viewing in the press area of the Council building. INFORMATION ON THE ROLE OF THE COUNCIL A. Transparency on the Council's decisions - Extension to all Council formations of the practice, established over the years in most Councils, of publishing a full description in the Press release of the conclusions reached by the Council (exceptions being made for cases where such information would damage the interests of the Member States, the Council, or the Community e.g. negotiating mandates). More systematic emphasis on publication of explanatory summaries concerning important "A" points adopted at the Council. Greater efforts to be made when drafting conclusions to make them understandable to the public. - Better background information on Council decisions (e.g. objective, history, link to other subjects) to be made available, if possible for distribution at pre-Council press briefings, in the form of background notes prepared by the Secretariat in user-friendly terms. This initiative could be extended in the future to cover matters relating to Common Foreign and Security policy and Internal and Justice Affairs, taking into account the specific need for confidentiality in some areas. - Systematic background pre-Council press briefings by Presidency, assisted by Council Secretariat (today not all Presidencies hold such briefings and often they are limited to the national Press corps). - Publication of the common positions established by the Council under the procedures of articles 189 b and 189 c and the explanatory memorandum accompanying them. - It is important to make all information material available rapidly in all Community languages. B. Increase in general information on the role and the activities of the Council The annual report, which is currently published after long delays, to be published from now on early in the new year on the responsibility of the Secretary General. Aim to make it more interesting and more understandable to the public - and complementary to, rather than duplicating, the Commission's annual report. There should also be a short summary aimed at broad circulation. Increase in the Council's information activities in general including a reinforcement of the Press Service. Stepping up of the already quite intensive information activity (group visits) performed by the services of the Secretariat. Establishing a programme for visits of journalists - particularly EC news editors - not based in Brussels (in co-operation with the Commission). C. Cooperation and more Rapid Transmission of Material - Activating the existing information group of the Council and extending it to the other Institutions with a view to developing coordinated information strategies; - Cooperation between Member States and Community Institutions in the information field. - Use of new communication technologies: data bases, electronic-mail for making information available outside Council meeting places (Brussels/Luxembourg). SIMPLIFICATION OF AND EASIER ACCESS TO COMMUNITY LEGISLATION I Making new Community legislation clearer and simpler While the technical nature of most texts and the need to compromise among the various national positions often complicate the drafting process, practical steps should nevertheless be taken to improve the quality of Community legislation, such as the following: a) guidelines for the drafting of Community legislation should be agreed upon, containing criteria against which the quality of drafting of legislation would have to be checked; b) delegations of Member States should endeavour, at all levels of the Council proceedings, to check more thoroughly the quality of legislation; c) the Council Legal service should be requested to review draft legislative acts on a regular basis before they are adopted by the Council and make suggestions where necessary for appropriate redrafting in order to make such acts as simple and clear as possible; d) the jurist-linguist group, which does the final legal editing of all legislation before it is adopted by the Council (with the participation of national legal experts), should give suggestions for simplifying and clarifying the language of the texts without changing their substance. II Making existing Community legislation more accessible Community legislation can be made more readily accessible in a concise and intelligible form through a speedier and more organised use of consolidation or codification; an improvement of the CELEX-database system should also be considered. 1) Improving and organising consolidation or codification of Community legislation The two possible approaches - unofficial consolidation and official codification [6] - must be pursued in parallel. a) The Office for Official Publications of the European Communities has an important role to play in respect of unofficial consolidation. Planning of this began some time ago and a new system will be operated as from 1993 on, whereby the consolidated version of all Community legislation undergoing amendments can be made automatically available following any such amendment; two years later, the system should be able to cover the whole of Community legislation (including past legislation) provided that there is adequate funding. Consolidated legislation should be immediately published (in the C- series of the Official Journal), possibly after adding the "considérants", and/or made available through CELEX. b) Official codification is important because it provides legal security as to the law which is applicable at a certain moment concerning a specific issue. Since official codification can only be done through the relevant legislative procedures, priorities need to be established and an accelerated working method agreed upon between the three institutions which have legislative powers. i) Official codification should take place on the basis of agreed priorities. The Commission will propose such priorities in its work programme after appropriate consultation; ii) A jointly acceptable accelerated working method should be sought allowing codified Community law, (replacing existing legislation without changing its substance) to be adopted in a speedy and efficient way; a consultative group composed of the legal services of the Commission, the Council and the Parliament would help to carry out the necessary ground work to permit the adoption of codified Community legislation as rapidly as possible under the Community's normal decision-making procedure. 2) Strengthening the CELEX data system[7] CELEX should be improved with a view to a) catching up with the delay as to - existing legislation, - feeding the database in the Greek, Spanish and Portuguese languages; b)making the system a more user friendly and accessible to the public. The necessary financial means should be made available. ANNEX 4 to PART A DECLARATION ON PROMOTING ECONOMIC RECOVERY IN EUROPE 1.The completion of the European Single Market at the end of this year, theratification of the Maastricht Treaty, agreement on the future financing ofthe Community and an early successful GATT settlement are of crucial importance for strengthening the European economy and would give a substantial boost to confidence. 2.The objectives of Member States' economic policies should remain as set out in the Maastricht Treaty: an open market economy with free competition, sustainable growth respecting the environment, stable prices with sound public finances and monetary conditions and a sustainable balance of payments. These objectives will continue to determine the economic policies of Member States. They remain determined to fulfil the convergence criteria established in the Maastricht Treaty and to comply fully with the convergence programmes submitted to the Council, including adherence to the medium-term goals of budgetary consolidation. 3.The European Council invited Member States to implement in a concerted way economic measures, tailored to national requirements, which would boost confidence and promote economic recovery. The measures should be targeted towards improving the prospects for growth, creating lasting jobs, and consistent with a medium term framework founded on the principles of convergence established in the Maastricht Treaty. 4.Member states should: - take every opportunity, according to their national circumstances, to exploit the limited margins of manoeuvre available as concerns budgetary policy; - switch, to the extent possible, their public expenditure priorities towards infrastructure and other capital investment and growth- supporting expenditures which earn a worthwhile return; - implement measures to encourage private investment, especially by small and medium sized enterprises (SMEs); - act to improve further the efficiency of their economies, for example through action to reduce subsidies and measures to enhance competition and market flexibility; - make efforts to achieve restraint in wage settlements within the public sector. The European Council noted that restraint on wage bills would help to control Government current spending, would contribute to much needed improvements in competitiveness and would help reduce unemployment. Sound government finance coupled with low inflation and wage moderation will help to create the conditions for reductions in interest rates. 5. The European Council will keep economic prospects under close examination and will review the situation further at its next meeting. It invited the ECOFIN Council: - to consider the relevant national actions in the framework of multilateral surveillance. - to monitor the performance of national economies against their programmes for economic convergence. - to identify measures to improve the functioning of the labour market. 6.The European Council believes that the effectiveness of these national actions will be strengthened by complementary and supportive action at the level of the Community. To this end the European Council invited: - the Council and the European Investment Bank (EIB) in full consultation with the Commission to give urgent and sympathetic consideration to the establishment of a new, temporary lending facility of 5 becu within the EIB. The purpose of the new facility would be to accelerate the financing of capital infrastructure projects notably connected with Trans-European Networks. These networks may include projects involving the countries of Central and Eastern Europe to the extent that they are of mutual interest and ensure the interoperability of networks with the Community. For projects financed by this facility the EIB Governors would be invited to raise the normal ceiling on the extent of loans from 50% to 75% and the combined (loans and grants) ceiling from 70% to 90%. Other EIB criteria for infrastructure should continue to be met as now. The European Council recalled that it was reaffirmed in the Maastricht Protocol on Economic and Social Cohesion that the EIB should devote the majority of its resources to the promotion of economic and social cohesion and that its capital needs should be reviewed as soon as this was necessary for that purpose; - the ECOFIN Council and the EIB to give urgent and sympathetic consideration to the establishment as quickly as possible of a European Investment Fund with 2 becu of capital contributed by the EIB, other financial institutions and the Commission in order to extend guarantees of 5 - 10 becu; in total this could support up to 20 Becu of projects; - the Member States and the Commission to establish programmes to utilise the Community funds that the European Council has today agreed. The Cohesion Fund will contribute to projects in the fields of the environment and Trans-European Networks in the area of transport infrastructure in the Community's less prosperous countries. The Structural Funds will inter alia promote investment projects in infrastructure; - the Commission to bring forward proposals for improving the management and efficiency of research funded by the Community to achieve better economic effectiveness. To this end the selectivity of actions should be increased, and it should be ensured that Community activities contribute the most value added possible to efforts already under way in the Member States. The above actions could provide Community support for investment in the public and private sectors of the Member States amounting to more than 30 becu over the next few years. 7.The European Council reaffirmed its commitment at Birmingham to an early, comprehensive and balanced GATT agreement. It also welcomed the successful completion, in all essential respects of the Single Market and emphasised the importance of its effective operation, including in the area of state aids, and called upon Member States and the Commission to proceed accordingly. The European Council recognised the importance of increasing the level of understanding by business of Community rules, and welcomed the Commission's intention to achieve enhanced consultation with industry and clearer and simpler legislation. 8.Recognising the importance of SMEs for creating employment and stimulating growth, the European Council called upon the Council and the Commission to ensure that the burdens from Community legislation on small and medium-sized enterprises are reduced (including through the use of simplified schemes and exemption limits in the field of indirect taxation) and that full information about Community support is provided to SMEs. It asked the Commission to accelerate the actions in favour of SMEs which have proven their worth at the Community level. 9.The European Council reiterated its commitment to the European Monetary System as a key factor of economic stability and prosperity in Europe. 10.The European Council is convinced that the full implementation of this declaration will work to boost confidence, reinforce the fundamentals of economic growth and encourage the creation of new jobs. It invited the Commission to report, as appropriate, to the ECOFIN Council and other appropriate Councils on their implementation. It also called upon Member States to encourage further international cooperation to promote growth with countries outside the Community. ANNEX 5 PART A DECLARATION ON PRINCIPLES OF GOVERNING EXTERNAL ASPECTS OF MIGRATION POLICY i) The European Council, meeting at Edinburgh, discussed the question of migratory pressures. ii) It noted with satisfaction that profound political changes now permit greater ease of travel and contacts throughout Europe. iii) It reaffirmed its intention to ensure that the Community and its Member States remain open to the outside world, not only through personal and cultural exchanges, but also through their commitment to a liberal trading system, by playing their full part in assisting the developing world, and by establishing a framework of political and economic relations with third countries and groups of third countries. In this, the European Council reaffirms the principles of its Declaration at Rhodes in December 1988. iv) The Member States of the European Communities reaffirmed their commitment to honour in full their obligations under the 1950 European Human Rights Convention, the 1951 Geneva Convention on the status of refugees and the 1967 New York Protocol. v) It was conscious of the particular pressures caused by the large movements of people fleeing from the conflict in the former Yugoslavia particularly given the harsh winter conditions. vi) It noted the pressures on Member States resulting from migratory movements, this being an issue of major concern for Member States, and one which is likely to continue into the next decade. vii) It recognized the danger that uncontrolled immigration could be destabilizing and that it should not make more difficult the integration of third country nationals who have legally taken up residence in the Member States. viii) It stressed the need to reinforce the fight against racism and xenophobia in line with the joint declaration adopted by the European Parliament, the Council and the Representatives of the Member States, meeting within the Council, and the Commission on 11 June 1986 and with the Declaration on racism and xenophobia adopted by the European Council in Maastricht. ix) It was convinced that a number of different factors were important for the reduction of migratory movements into the Member States: the preservation of peace and the termination of armed conflicts; full respect for human rights; the creation of democratic societies and adequate social conditions; a liberal trade policy, which should improve economic conditions in the countries of emigration. Co- ordination of action in the fields of foreign policy, economic co- operation and immigration and asylum policy by the Community and its Member States could also contribute substantially to addressing the question of migratory movements. The Treaty on European Union, notably its Titles V and VI, once in force, will provide an adequate framework for this co-ordinated action. x) It took note of the declaration adopted on the occasion of the Development Council on 18 November 1992 on aspects of development co- operation policy in the run-up to 2000, including the recognition of the role which effective use of aid can make in reducing longer term migratory pressures through the encouragement of sustainable social and economic development. xi) It noted that, in line with the views of the United Nations High Commissioner for Refugees, displaced people should be encouraged to stay in the nearest safe areas to their homes, and that aid and assistance should be directed towards giving them the confidence and the means to do so, without prejudice to their temporary admission also in the territory of Member States in cases of particular need. xii) It welcomed the progress made by Ministers with responsibility for Immigration matters under the work programme endorsed at the Maastricht European Council, and in particular the adoption of recommendations on expulsion, resolutions on manifestly unfounded applications for asylum and on host third countries and conclusions on countries in which there is generally no serious risk of persecution [8] . It recognized the importance of such measures against the misuse of the right of asylum in order to safeguard the principle itself. xiii) It also welcomed the work on east-west migration of the Berlin and Vienna Groups, and encouraged the Berlin Group to prepare a draft resolution for agreement by Ministers. xiv) It resolved to take forward those more general migration-related issues set out in the Maastricht work programme that go wider than the direct responsibilities of the Ministers with responsibility for Immigration matters. xv) It recognized the importance of analyzing the causes of immigration pressure, and analyzing ways of removing the causes of migratory movements. xvi) It agreed that the approach of the Community and its Member States, within their respective spheres of competence, should be guided and informed by the following set of principles : -1. they will continue to work for the preservation and restoration of peace, the full respect for human rights and the rule of law, so diminishing migratory pressures that result from war and oppressive and discriminatory government; -2. displaced people should be encouraged to stay in the nearest safe area to their homes, and aid and assistance should be directed towards giving them the confidence and the means to do so without prejudice to their temporary admission also in the territory of Member States in cases of particular need; -3 they will further encourage liberal trade and economic co- operation with countries of emigration, thereby promoting economic development and increasing prosperity in those countries, and so reducing economic motives for migration; -4. to the same end, they will ensure the appropriate volume of development aid is effectively used to encourage sustainable social and economic development, in particular to contribute to job creation and the alleviation of poverty in the countries of origin, so further contributing in the longer term to a reduction of migration pressure; -5. they will reinforce their common endeavours to combat illegal immigration; -6. where appropriate, they will work for bilateral or multilateral agreements with countries of origin or transit to ensure that illegal immigrants can be returned to their home countries, thus extending co-operation in this field to other States on the basis of good neighbourly relations; -7. in their relations with third countries, they will take into account those countries' practice in readmitting their own nationals when expelled from the territories of the Member States; -8. they will increase their co-operation in response to the particular challenge of persons fleeing from armed conflict and persecution in former Yugoslavia. They declare their intention to alleviate their plight by actions supported by the Community and its Member States directed at supplying accommodation and subsistence, including in principle the temporary admission of persons in particular need in accordance with
