1. Topic

2. Introduction

Local authorities are often not adequately consulted over the development of environmental directives that will impact heavily on their roles and functions. Local and regional authorities are represented through the Committee of the Regions in the EU legislative process, however this body has no legislative power and the Commission is not bound to take account of its decision and recommendations.

The EU level came to recognise the importance of the local dimension in the implementation of Community policies. While European legislative instruments allow for a certain degree of flexibility, the growing role of regional and local authorities in the design and above all the execution of Community policies must nevertheless be given fuller recognition.

The idea of tripartite contracts and agreements responds to the need to improve transparency and involvement in European policy development and the need for new, innovative and more flexible approaches to the implementation of European rules and policies. Target-based tripartite contracts and/or agreements should be concluded between the Commission, Member States and regional/local authorities in order to better achieve the implementation of certain EU policies.

3. Discussion

Historical Background

The idea of tripartite contracts was introduced by the Commission in its White Paper on European Governance published in July 2001 as a way of creating more flexibility in the means provided for implementation of European legislation and policies with a strong territorial impact. This White paper puts forward the idea of contractual tools between the Member States, the territorial authorities and the European Community represented by the Commission. These tools are intended to develop the arrangements for the participation of the regions in attaining targets set at European level in cooperation with the national and regional authorities.

The Commission also committed itself to launching, "from 2002 onwards, pilot 'target-based contracts' within one or more areas, as a more flexible means of ensuring implementation of EU policies". Environment was identified as an area for testing this new instrument. The White Paper publication was followed by a DG Environment Conference on “Governance – What’s in it for the Environment” on 3-4 December 2001. This event concluded with a commitment by Commissioner Wallström to try to develop and conclude (a) first pilot tri-partite contract/-s by the end of 2002.

On 11 December 2002, the Commission published its Communication on "A framework for target-based tripartite contracts and agreements between the Community, the States and regional and local authorities". Through this Communication the Commission clarifies the aim and the scope of tripartite contracts and agreements.

Inter-institutional situation

European Parliament adopted a resolution on the Communication from the Commission entitled 'A framework for target-based tripartite contracts and agreements between the Community, the States and regional and local authorities', on 4 December 2003. The European Parliament resolution welcomes the Commission's initiative to engage in testing the approach with tripartite contracts and agreements.

The Committee of the Regions announced its opinion, dated 13 March 2002, on the White Paper on European governance and the Communication on a new framework for cooperation on activities concerning the information and communication policy of the European Union. The Committee of the Regions welcomes the development of tripartite contracts and agreements as an effective instrument for involving regional and local authorities in the implementation of those Community policies, which most directly affect them.

Concrete knowledge about these contractual tools

The contractual tools can be of two kinds:

· Target-based tripartite contracts concluded between the Commission, a Member State and regional and local authorities in direct application of binding secondary Community law (regulations, directives or decisions); or

· Target-based tripartite agreements concluded between the Commission, a Member State and regional and local authorities outside a binding Community framework.

These contractual tools, which are subject to a general obligation of compatibility with the Treaties, must respect the States' constitutional systems and may not under any circumstances constitute a barrier to the sound operation of the single market. They are justified where they provide added value which may take several forms: simpler implementation, political benefits, efficiency gains resulting from the close involvement of regional and local authorities, or speedier performance.

Tri-partite agreements in the environmental field

The environmental field is viewed as one of the primary areas for the development of tripartite contracts or agreements.

In October 2003, the first three pilot project initiatives for tripartite agreements in Birmingham (UK), Lille (France) and Pescara (IT) were granted support from the European Commission. All three pilot projects are concerned with the environment. The Birmingham project is about urban mobility, the Pescara project covers urban mobility and air quality, while the Lille project focuses on the management of urban green spaces. All three envisage input on the part of local or regional, national and Community authorities.

4. Recommendation / Conclusion

· Tripartite contracts/agreements should be used, in specific and complex circumstances, when:

o Traditional instruments are not appropriate or do not achieve the needed output.

o The outputs to the policy objective are dependent to an important extent on the geographical or other characteristics of an area.

o The area(s) is(are) complex. Many elements of a different nature interact to determine the outcome of policy decisions, making ‘simple’ instruments less appropriate. In order to achieve the required policy output, it is important that the different spheres of governance are actively involved.

· Tripartite agreements/contracts would provide for the designated authority to carry out certain projects and policies to realise EU policy objectives. They could be seen as the next fundamental step in the application of the principle of subsidiarity and could bring EU policy closer to the citizen.

· Tripartite agreements and contracts will definitely contribute to the development of the Commission final strategies and directives by providing a working instrument for the final policy. In this way, it can build a template and test out policies in certain fields without applying policy to the whole Union.

These tools will foster cross border cooperation by allowing cities and regions in different Member States to sign up to the agreement.

5. Examples / Further Reading

1. Example provided by the City of Seville

Since 1993, Seville has been taking part in the Tripartite Agreements. All Social Harmony Agreements signed during the 90’s had a positive effect on the economical and social development of Andalusia because they promoted several actions intended for the improvement of the competitive conditions in the economy of Andalusia. Besides, these agreements helped the Regional Government of Andalusia, and have been considered as a reference from the economical and social point of view, not only in Spain, but also in the European Union context. Furthermore, the European Commission considered these experiences as a completely success, due to their ability to face up a new economic scene.

The last Social Harmony Agreement, which was signed in Seville by the regional government of Andalusia, with the Business Confederation of Seville and the Trade Union (CCOO), took place on the 23^rd of May 2001. This Social Harmony Agreement consists of five key elements:

1. The active policies in the field of employment;
2. The improvement of the competitive conditions and internationalisation of the Andalusian Companies;
3. The knowledge society;
4. The economic planning; and
5. improvement of the labour relations.

This agreement includes new issue such as the knowledge society, in which, the environment field has been taken into account, with the idea of the sustainability, as an instrument for the future progress.

These Social Harmony Agreements content a wide range of compromises. All stakeholders involved in these agreements have promoted their dissemination, by the means of informative campaigns, or the creation of websites. Besides, these pacts are supposed to allow a permanent social dialogue that requires several actions to guarantee the efficiency of the achieved agreements. For that reason, there is the need for the creation of institutional working groups and forums, to go ahead with these pacts.

www.juntadedalucia.es is the Internet webpage of the regional government of Andalusia, in which, you can find more available information as regards this field.

2. Sustainability Pacts

Following the idea of tripartite contracts/agreements, introduced by the Commission in its White Paper on Governance, and the commitment made by Commissioner Wallström to test such tripartite contracts or agreements in a number of pilot cases, EUROCITIES and the Stockholm Region jointly coordinated an initiative, which set out to deliver a template for use in potential tri-partite agreements contributing to sustainable urban development. This initiative was realised in partnership with 42 cities and regions, which met four times in 2002 and 2003 together with the DG ENV units responsible respectively for governance and urban issues. The partnership agreed on a template, which was delivered to the Commission included in a final report on the initiative on 28 April 2003.

Three individual initiatives out of the Sustainability Pacts proposal were selected as pilot projects to assess the added value of tripartite agreements in the field of environment: Birmingham - UK, Lille - France, Pescara - Italy.

Further information on this project is available at http://www.eurocities.org/pacts/

Further Examples:

6. Additional Documents / Web Links

· A framework for target-based tripartite contracts and agreements between the Community, the States and regional and local authorities: COMMUNICATION FROM THE COMMISSION

· Communication "Towards a Thematic Strategy on the Urban Environment”

· White Paper on European Governance published in July 2001

· DG ENV Conference on “Governance – What’s in it for the Environment” on 3-4 December 2001

· European Parliament adopted a resolution on the Communication from the Commission entitled 'A framework for target-based tripartite contracts and agreements between the Community, the States and regional and local authorities' (Provisional)

· Committee of the Regions opinion on the White Paper on European governance and the Communication on a new framework for cooperation on activities concerning the information and communication policy of the European Union.

· Sustainability pacts initiative (including “Towards a tripartite contract” and the “Tripartite template”): http://www.eurocities.org/pacts/

· Multilateral environmental agreements: http://europa.eu.int/comm/environment/international_issues/agreements_en.htm

Last Updated

21st January 2005