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Europaudvalget 2009-10
KOM (2009) 0622 Bilag 4
Offentligt

BEUC’S RESPONSE TO THE

COMMISSION’S CONSULTATION ON A

UROPEAN

ITIZENS

’ I

NITIATIVE

EC transparency register: identification number 9505781573-45

Contact:

Ursula Pachl – [email protected]

Ref.:

X/006/2010 - 29/01/2010

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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Summary

BEUC very much welcomes the present consultation and the intention of the

Commission to propose a regulation on the citizen's initiative which should be adopted

before the end of 2010.

The European citizens’ initiative should be an instrument that is easily

accessible, truly inclusive and fully transparent.

These criteria should be the

yardstick for any implementing measure. Future direct involvement of European

consumers/citizens in the EU decision making process and the entire effectiveness of

this instrument will depend on the degree to which the implementing measures will

reflect these principles. Consequently, administrative and financial hurdles should be

limited to the unavoidable minimum. The Commission should ensure that potential

initiatives are facilitated with pro-active and supportive measures and establish an

internal infrastructure, which is able to cope effectively, democratically and fairly with

all potential initiatives.

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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GENERAL COMMENTS

BEUC represents 43 independent consumer organisations from 31 European countries.

The primary task of BEUC is to promote the interests of the consumer at all levels of

the EU, to act as a strong consumer voice in Brussels and to try to ensure that the

interests of consumer are given their proper weight in the development of all

Community policies.

BEUC welcomes the fact that the European Commission is taking early steps to

implement this provision and that these steps begin with a public consultation on the

modalities for implementation.

EU consumer policy is one of the Community policies, which is very close to the EU

citizens and which has a tangible impact on the every day live of consumers /citizens

in each Member State of the EU. In this context we expect and hope that the citizens’

initiative will be a valuable tool to help decision makers identify and understand the

concrete concerns of consumers/citizens and to set up Community policies which are

clearly based on the needs and expectations of European consumers.

To ensure that this important initiative delivers, it will be important that the

Commission proactively communicates with EU citizens making them aware of this

new opportunity to directly influence the EU agenda.

Above all, the European citizens’ initiative should be an instrument that is

easily accessible, truly inclusive and fully transparent.

These criteria should be

the yardstick for any implementing measure. Future direct involvement of European

consumers/citizens in the EU decision making process and the entire effectiveness of

this instrument will depend on the degree to which the implementing measures will

reflect these principles. Consequently, administrative and financial hurdles should be

limited to the unavoidable minimum. The Commission should ensure that potential

initiatives are facilitated with pro-active and supportive measures and establish an

internal infrastructure, which is able to cope effectively, democratically and fairly with

all potential initiatives.

DETAILED COMMENTS

1. Minimum number of Member States from which citizens must come

Questions:

Do you consider that one third of the total number of Member States would constitute

a "significant number of Member States" as required by the Treaty?

If not, what threshold would you consider appropriate, and why?

The Treaty indicates that the signatories of a citizens' initiative must come from "a

significant number of Member States" and provides that the Regulation shall establish

"the minimum number of Member States from which such citizens must come".

In the light of our general comments set out above, the threshold on the number of

Member States should be low. We do not agree with the Commission’s opinion that

one third of the Member States is the appropriate number to qualify for being

“significant”.

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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Even one quarter of Member States as proposed by the European Parliament) would

be too high a threshold. Given the political objective, which is to establish an

accessible modern tool to promote direct democracy in the EU, 5 Member States could

be enough.

It might be worth including a provision for reviewing this threshold in light of

experience after 2 or 3 years to evaluate whether it leads to too many, or to few

proposals, and adapt the threshold accordingly.

2. Minimum number of signatures per Member State

Questions:

Do you consider that 0.2% of the total population of each Member State is an

appropriate threshold?

If not, do you have other proposals in this regard in order to achieve the aim of

ensuring that a citizens' initiative is genuinely representative of a Union interest?

The Commission’s proposal to opt for 0.2 % of the Member States population is in line

with the logic of Article 11 paragraph 4 of the TEU, which for the eligibility of a

citizens’ initative requires the participation of a minimum of 1/500 of all EU citizens.

However, in comparison to the required percentages of the electorate in national

citizens’ initiatives (e.g. lower thresholds in Italy, Romania, Austria etc…) and in the

light of the objective to promote easy access, a lower threshold should be envisaged,

which should be set below 0.1 %.

It needs to be taken into consideration that in some Member States there is no

tradition of having such initiatives, and that citizens have not been educated to do so.

This could have an impact at least in the first years on the number of citizens that

such an initiative can gather in some countries.

The threshold should in any case be seen in context with the number of requested

Member States in order to achieve a satisfactory result.

3. Eligibility to support a citizens' initiative - minimum age

Questions:

Should the minimum age required to support a European citizens' initiative be linked

to the voting age for the European Parliament elections in each Member State?

If not, what other option would you consider appropriate, and why?

We agree with the Commission’s proposal.

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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4. Form and wording of a citizens' initiative

Questions:

Would it be sufficient and appropriate to require that an initiative clearly state the

subject matter and objectives of the proposal on which the Commission is invited to

act?

What other requirements, if any, should be set out as to the form and wording of a

citizens' initiative?

The text of the Treaty does not specify what form a citizens' initiative should take but

merely that it should invite

"the European Commission, within the framework of its

powers to submit any appropriate proposal on matters where citizens consider that a

legal act of the Union is required for the purpose of implementing the Treaties”.

The Commission considers whether it should be required that a citizens' initiative

takes the form of a draft legal act with clearly recognizable legal provisions or if a

clear statement on the subject matter and objectives of the proposed initiative should

be sufficient.

Given the need to provide for an inclusive instrument, a clear indication of the subject

matter and the objectives of the measure should be sufficient. It would most probably

not be easy for every potential organiser of a citizens’ initiative (e.g. smaller NGOs

etc) to provide a fully fledged legal act. Furthermore, an ill-drafted legal provision

could raise all sorts of unnecessary problems in relation to the requirement that the

initiative must be in accordance with EU legislation.

Both options could be available for citizens, in connection with an obligation of the

Commission to provide legal advice as pointed pout below in point 9.

5. Requirements

signatures

for

the

collection,

verification

and

authentication

Questions:

Do you think that there should be a common set of procedural requirements for the

collection, verification and authentication of signatures by Member States' authorities

at EU level?

To what extent should Member States be able to put in place specific provisions at

national level?

Are specific procedures needed in order to ensure that EU citizens can support a

citizens' initiative regardless of their country of residence?

Should citizens be able to support a citizens' initiative online? If so, what security and

authentication features should be foreseen?

We agree that in order to guarantee the legitimacy and credibility of citizens'

initiatives, provisions are needed to ensure adequate verification and authentication of

signatures, in line with the relevant national, European and international legislation on

fundamental rights, human rights and the protection of personal data.

On the other hand and very importantly, it seems necessary to allow for as much

freedom as possible to collect the signatures, including the collection of signatures

through on-line tools.

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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In this respect we consider that the Commission should take the lead in giving

guidance on how signatures can be collected electronically in order to fulfill the formal

requirements of the Citizens initiative. Ideally the Commission should develop an IT

tool, which is made available to the organisers of a citizens’ initiative.

6. Time limit for the collection of signatures

Questions:

Should a time limit for the collection of signatures be fixed?

If so, would you consider that one year would be an appropriate time-limit?

We consider that it is crucial to allow for enough time to collect the signatures. We

agree with other NGO’s that 18 month or more should be the rule.

7. Registration of proposed initiatives

Questions:

Do you think that a mandatory system of registration of proposed initiatives is

necessary?

If so, do you agree that this could be done through a specific website provided by the

European Commission?

It will be essential that on the specific website on the Citizens Initiative all potential

initiatives are registered, this will facilitate initiators of a similar request for action to

join forces. It would even allow the Commission to play a pro-active role in pointing

out that others have taken a similar initiative and that it may be worthwhile to join

forces.

Furthermore, the Commission could at an early stage where initiators have not yet

undertaken a large amount of work to for example collect signatures, indicate whether

the area would be within the Commission competence, and provide advice on other

ways to get the needed result which may involve the member states rather than the

EU.

In addition, it would provide valuable feedback, if the European Commission were to

present every year a report on the number of citizen initiatives registered, their

outcome, and, in case the Commission has not taken action on a successful initiative,

the reasons for it.

The European Parliament and in particular its Petition Committee should play a

supportive and monitoring role in this context. In any case should the Commission be

obliged to report on an annual basis to the European Parliament about the functioning

of the citizen’s initiative.

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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8. Requirements for organisers - Transparency and funding

Questions:

What specific requirements should be imposed upon the organisers of an initiative in

order to ensure transparency and democratic accountability?

Do you agree that organisers should be required to provide information on the support

and funding that they have received for an initiative?

We consider that transparency and accountability are of crucial importance for the

credibility of this tool and that citizens should receive clear information about the

organisers of any citizens’ initiative, in relation to their motivation as well as their

financial and personal resources.

Hence, we strongly agree that the principles that inspired the Commission's European

Transparency Initiative should apply.

Disclosure of information about the organiser of a citizen’s initiative should as a

minimum be mandatory on the financial and human resources of an initiating

organisation and the names of its representatives. It should also be indicated if an

organiser is registered in the Commission’s lobby register.

9. Examination of citizens' initiatives by the Commission

Questions:

Should a time limit be foreseen for the Commission to examine a citizens' initiative?

Once the required number of signatures for a citizens' initiative have been collected

and validated by the relevant Member States' authorities, the organiser of an initiative

can formally submit the initiative to the Commission.

Clear procedures and timelines for the Commission’s verification of the formal

requirements of an initiative are essential. To this end, the Commission should build

up the necessary internal infrastructure.

In order to be able to meet the formal requirements for an initiative, the Commission

should be obliged to provide advice in an informal and quick manner on all elements

of eligibility. A specific unit with a “helpdesk” should be made available to this end.

Two month time should be the maximum for a response of the Commission in relation

to the eligibility of a citizens’ initiative.

10. Initiatives on the same issue

Questions:

Is it appropriate to introduce rules to prevent the successive presentation of citizens'

initiatives on the same issue?

If so, would this best be done by introducing some sort of disincentives - or time

limits?

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu

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We consider that if a registration system is put in place, the transparency provided

about pending initiatives suffices to ensure that duplication is avoided.

As indicated under question 9, the Commission could even provide initiators of a

similar initiative with each others contact details to facilitate a common initiative.

MISSING ISSUES

1) Procedure after successful submission

What we miss in the present consultation is the question of

the procedural follow

up to a successful citizen’s initiative?

What happens if the initiative was successful and the requested number of signatures

has been presented? How much time does the Commission have to react and what

form must this commission’s response take?

A clear procedure in this respect, including a complaint procedure is essential to

ensure that the new institutional tool is efficient. The Commission’s response should

be well reasoned and if the Commission does decide to act, the response should set

out what it intends to do, the process, next steps and timeline.

2) Funding

The Commission should re-consider the matter of

funding

of citizen’s initiative. We

are worried that without financial support, in particular smaller and non-professional

groups of citizen’s will not be able to cope with the task of organising a multinational

and multilingual project involving at least one million persons.

3) Consultation on Art 11 pragraph 3 – Commision’s consultation

Finally, the Commission should also consult on other elements of Article 11 TEU and in

particular we refer to Article 11 paragraph 3 which obliges the Commission carry out

“broad consultations with parties concerned in order

to ensure that the Union's actions are coherent and transparent”.

The current consultation standards of the Commission are sometimes not met by the

Commission; the very recent consultation on the strategy for EU 2020 is an important

example in this respect. The Commission should revise its standards after having

consulted stakeholders on them.

END

BEUC, the European Consumers’ Organisation

80 rue d’Arlon, 1040 Bruxelles - +32 2 743 15 90 - www.beuc.eu