A3-0416/93

Resolution on the role of national experts and the Commission's right of initiative

The European Parliament,

-having regard to Articles 155, 157 and 158 of the EC Treaty,

-having regard to Article 189b of the EC Treaty,

-having regard to the undertaking given by the Commission at the Edinburgh European Council to step up consultation before drawing up legislative proposals,

-having regard to Rule 148 of the Rules of Procedure,

-having regard to the report of the Committee on Institutional Affairs (A3-0416/93),

A.whereas the provisions of Article 189b imply full equality of Parliament and Council in the legislative procedure,

B.whereas preparatory procedures should not jeopardize the Commission's independence in the exercise of its exclusive power to initiate legislation -save as provided in Articles 138b and 152 - nor distort the legislative procedures,

C.whereas, moreover, such procedures should not pre-empt any agreement between the Commission and the Council until Parliament has had occasion to express its opinion,

D.whereas, although consultation of national administrations is often desirable, it must be carried out with a greater degree of transparency, inter alia by informing Parliament regularly of such consultation,

E.whereas Parliament should be consulted to a greater extent before a legislative proposal is submitted, both through a greater willingness on the part of the Commission and by making full use of Parliament's new regulatory powers,

F.whereas, furthermore, the presence of national experts on secondment to the Commission may prove very useful provided (as existing provisions stipulate) this does not mean that such experts take on the Commission's own responsibilities or wield undue influence in certain sectors (for example, where there is a high ratio of national experts to Commission officials in a given department),

G.whereas the budget restrictions agreed on as regards recruitment of national experts are appropriate and should be maintained,

H.whereas the Commission does not take into account at present the need to ensure a balanced representation of nationalities when it comes to seconding national experts to its departments,

As regards respect for the Commission's constitutional independence:

1.Points out that the Union's institutional arrangements depend inter alia on the Commission's independence vis-à-vis the Member States, particularly as regards its power of initiative;

2.Calls on the Member States to resist any attempt to challenge this constitutional fact, especially during the present phase of reviewing the institutional structures, inter alia with a view to enlargement;

3.Emphasizes its intention to ensure that the provisions of the relevant Treaty articles are complied with, particularly in view of the forthcoming application of Article 158 of the EC Treaty, as far as its power to approve the new Commission is concerned;

As regards consultation prior to submission of a legislative proposal:

4.Calls on the Commission to fulfil its commitment to stepping up consultation, in particular by means of closer collaboration with the relevant parliamentary committees;

5.Calls on the Commission to ensure greater transparency in its consultations with national administrations and lobbyists, inter alia by keeping Parliament fully informed of these matters;

6.Calls on the Commission to defend its own independence and Parliament's prerogatives, by ensuring that its legislative proposals are not made subject to the prior agreement of national experts, including experts from those countries which are members of the European Economic Area;

As regards the presence of national experts in Commission departments:

7.Calls on the Commission to use national experts on secondment to enhance its knowledge of sectoral and national spheres and not to renationalize the management of certain sectors or confer responsibility for its own sectors on experts who are not part of its establishment plan;

8.Calls on the Commission to ensure a balanced representation of nationalities among the national experts working for its departments and to consult Parliament on this matter;

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