RESOLUTION B3-1514/92 and 1520/92

Resolution on the implementation of the principle of subsidiarity

The European Parliament,

- having regard to its resolutions of 11 July 1990 and 21 November 1990 on the principle of subsidiarity, 22 November 1990 on the Intergovernmental Conferences in the context of the European Parliament's strategy for European Union, 14 October 1992 on the state of the European Union and ratification of the Maastricht Treaty and 28 October 1992 on the extraordinary European Council meeting in Birmingham on 16 October 1992,

- having regard to Articles B and 3b of the Treaty on European Union,

- having regard to the 'Birmingham Declaration' adopted during the extraordinary European Council meeting of 16 October 1992,

A. whereas the Treaties lay down a definition of Community powers, and whereas the application of the principle of subsidiarity as defined by the Treaty on European Union implies nothing more than the implementation of a procedure enabling the Community institutions to regulate the exercise of their powers,

B. whereas Article 3b of the Treaty on European Union draws a very clear distinction between:

- the principle of subsidiarity, as defined in the second indent of Article 3b, which seeks to ensure, in areas where powers are shared between the Member States and the Community, that the need for the proposed measure can be checked, and

- the principle of proportionality, as defined in the third indent of Article 3b, which seeks to ensure, in all areas where the Community exercises power, that checks can be made to establish whether the legal nature and the substance of the proposed measure tally with the objectives of the Treaty,

C. whereas verification of conformity with the provisions of Article 3b constitutes one facet of the verification of the legal basis for the proposed measure,

D. whereas the declaration annexed to the Maastricht Treaty concerning the role of the national parliaments in the European Union makes the European Parliament the Community institution responsible for maintaining institutional links with the national parliaments,

E. whereas application of the principle of subsidiarity does not call into question either the institutions' right to propose legislation, or the institutional balance established by the Treaties, or the Community patrimony,

F. whereas, with a view to the entry into force of the Treaty on European Union and within the framework of an interinstitutional agreement, an appropriate mechanism should be established to apply and monitor the application of the principle of subsidiarity,

1. Considers it necessary, within the framework of the interinstitutional agreement to be negotiated and adopted by the three institutions, for close cooperation to be established on the following basis:

- application of the principle of subsidiarity should be monitored during the course of the Community decision-making process, in accordance with the voting rules provided for in the Treaty, and must not call into question the right to propose legislation as provided for in the Treaty on European Union or the establishment of a procedure for the consultation of the Council which precedes or runs parallel to the decision-making process laid down by the Treaties and the interinstitutional agreements deriving therefrom;

- within the framework of their internal procedures, and when considering the legal basis, the three institutions should systematically check that the action they are considering complies with Article 3b of the Treaty on European Union with regard to both the legal instruments chosen and the form of action envisaged (coordination, approximation or harmonization of legislation); any consideration of proposed measures must incorporate these checks;

- all Commission proposals should include an explanatory statement containing a justification of the proposal with regard to the principle of subsidiarity as defined in Article 3b of the Treaty;

- if it entails a further extension of the scope for Community action, any amendment to the initial text proposed by the European Parliament and the Council must be accompanied by a justification with regard to the principles defined in Article 3b;

- the Commission should draw up an annual report for the European Parliament and the Council on the application of the principle of subsidiarity. The European Parliament should hold a public debate on this report with the participation of the Commission and the Council;

2. Takes the view that, should difficulties arise with regard to application of the interinstitutional agreement, an Interinstitutional Conference could be called by the President of one of the three institutions to settle the matter and, where appropriate, propose to amend or add to the agreement;

3. Instructs its delegation to the Interinstitutional Conference to negotiate a draft agreement based on these principles;

4. Instructs its President to forward this resolution to the Council, the Commission and the parliaments of the Member States.