WHY, WHAT & HOW TO CO-ORDINATE by Peter Goldschmidt Director, EIPA Antenna Luxembourg

1. WHY, WHAT & HOW TO CO-ORDINATE by Peter Goldschmidt Director, EIPA Antenna Luxembourg

2. Overview of Session • WHY co-ordinate ? • WHAT needs to be co-ordinated ? • Different levels of co-ordination • HOW: Task allocation, communication and procedures, manuals

3. Why Co-ordinate ? - I • Avoiding “Catch 22” : To ensure coherent, non-contradictory legislation and decisions • Improve likelihood of correct and timely implementation of legislation and decisions (national and EU) • Improve influence in multi-national fora (e.g. EU, WTO) and bilateral international negotiations Focus: Implementation of EC Law

4. Why Co-ordinate ? - II A few things to know about EU Integration: • Understand that EU co-operation (a) covers a wide range of topics, (b) presumes integration of nation states, and (c) is increasingly about policy integration - also at the national level • Negotiating with/in the EU is no longera purely diplomatic function as the results become national policy/law • Success in EU negotiations and law approximation depends on • sustained concerted efforts and well-organised teamwork • co-ordination and “consensus”: once a position is decided upon, speak with one voice • re-organisation (or “re-definition”) of ministries’ role and the relations between them • re-definition of the tasks of the officials • re-definition of relations to social partners, other NGO’s and (increasingly) national parliaments

5. Why Co-ordinate ? - III A few Statistics: An Example • 54 % of the units in the public sector in Nordic countries were to a ”great extent” influenced by EU work • Sweden 58 % • Denmark 50 % • Finland 61 % Based on information provided by T.Malterud, 2003

6. WHAT needs to be co-ordinated ?

7. WhAT to Co-ordinate ? - I overview – EU MS Initiation Proposals Decision making Implementation (ESC& CoR) (EP) C O M I T O L OG Y National Government Parliament Central Admin. Local Admin. Advisory Committee Ad hoc, Permanent & Consultative Committees Management Committee Regulatory Committee CWG Coreper Commission CoM NGOs NGOs National Authorities

8. WhAT to Co-ordinate ? - Ibis overview – Candidate Countries Initiation Proposals Decision making Implementation Negotiating (ESC& CoR) (EP) C O M I T O L OG Y National Government Parliament Central Admin. Local Admin. Advisory Committee Ad hoc, Permanent & Consultative Committees Management Committee Regulatory Committee CWG Coreper Commission CoM NGOs NGOs National Authorities

9. WhAT to Co-ordinate ? - II Law Approximation & Implementation Capacities National Parliament (New) Decentralised Central Authorities (Agencies)... ...and Courts Central Admin PPP • Sub-national Public • Authorities • Regions • Municipalities • Towns…. National Authorities: * Institutions & Procedures * HR and Technology * Knowledge & Skills (and development of same) * Financial Resources * Rule of Law

10. WhAT to Co-ordinate ? - III ... in other words : • In the National EU Decision- & Law Approximation Process, SAA Countries • must consider : • What is needed, political decision/legal act? • What expertise is needed: political or technical? • Who is responsible? • Who should be involved/consulted? • How?

11. WhAT to Co-ordinate ? - Iv Implementation: WHO should implement, EC or MS ? • If European Commission: Who at national level should be involved / responsible? • If Member States: • Who should implement? • Who is responsible for delegation? and for application? • Who should be involved/consulted? • How?

12. WhAT to Co-ordinate ? - V Implementation: WHAT should be implemented ? • Member States: • Directives  Incorporate objectives and text of directive and adopt national administrative and enforcement structures and procedures • Regulations  adopt national administrative and enforcement structures and procedures • Administrative capacities (people w appropriate knowledge and skills), buildings and equipment, etc. • Participation in possible comitology committees?

13. WhAT to Co-ordinate ? - Vbis Implementation: WHAT should be implemented ? • Candidate Countries: • Directives/Regulations  Incorporate objectives and text of directive/harmonise law with regulation and adopt national administrative and enforcement structures and procedures • Administrative capacities (people w appropriate knowledge and skills), buildings and equipment, etc. • Input to or participation in negotiation working groups

14. Different levels of co-ordination within the national Law Approximation and Accession Negotiation process

15. Levels of national co-ordination 3 Levels of National Co-ordination Internal Preparation Process (intra- and inter-ministerial) External National Pre-Transposition and Negotiation Process (within and outside of the MS) External Process of Negotiation

16. INTERNAL PREPARATION PROCESS INTRA-MINISTERIAL PREPARATION • Within Units & between Units within Departments • Between Departments/Units in different Departments • Between Ministry Entities and Entities in Agencies under the • Ministry • Between Technical and Political Levels INTER-MINISTERIAL • Between Ministries at all levels, i.e. at the level of Units, • Departments, cross-ministerial Working Groups/Committees • Political: Between Ministers and within Government

17. External National Co-ordination EXTERNAL PREPARATION WITHIN THE MEMBER STATE • Professional Organisations (e.g. farmers, food industry, transport) • NGO’s (e.g. environmental, animal and consumer protection groups) • Employer Organisations and Labour Unions • Sub-national Government and Administration • Political/Parliamentary

18. External Co-ordination EXTERNAL PREPARATION OUTSIDE THE MS • Embassies and Missions abroad • Colleagues in the Permanent Representation • Their opposite Number in present (and future) Member States • European Parliament

19. how ? Task allocation, communication and procedures

20. Starting point Good results in law approximation as well as at the negotiation table depend not only on individual inter-personal skills, but in particular on: * Clear Allocation of Tasks & Responsibilities * Making use of external expertise * Efficient Exchange of Information * Clear Procedures * Consultative Decision-making and Co-ordination

21. Allocation of responsibility Good National Co-ordination Starts with... Clear Allocation of Tasks & Responsibilities Which Body Does What? Ministry? Agency? Other Body? Government Parliament Minister Ministry ...?...Ahh!!! Agency and within each Body: Who does What? … and How? Other Bodies Non-govn. partners

22. communication Good National Co-ordination Depends on... Efficient Exchange of Information • Who needs What? Selection of and priority for certain types of information • Distribution list(s) for automatic copying • Regular Consultations/Briefings • inhouse • inter-service • EU Mission/Representation • “Social Partners” & other relevant non-governmental partners • Parliament (preparation of briefings and replies to questions)

23. Development and Communication ofCo-ordination Procedures and Processes • Who develops/prepares the procedure? • What type(s) of initiatives (political, legal, technical) should the procedure cover? • How do we evaluate the procedure? Update the procedure? • How do we ensure that all staff know and understand and apply the procedure?

24. procedures Good National Co-ordination is Ensured by... Clear Procedures Manual of Procedure • (EU and/or other international) Negotiation Fora • Institution • Setting and procedures • Practical information • National Co-ordination Procedure • “Fiche d’Affaire Nouvelle” - Background briefing note • Consultations and consultation reports • Draft or preliminary mandate/legislation • Update and progress Reports • Updated and final mandates/draft legislation • Etc. Positions: EU, Stakeholders and Parliament Don’t forget the “Who”

25. QUESTIONS WHICH A MANUAL SHOULD RESOLVE • What happens to dossiers in case of staff rota-tion/departures? • How is progress in a dossiers monitored? • Is there a clear co-ordination procedure in your Ministry/Authority? How was it developed? Is it updated? How? • What is the scope of that procedure (preparation of national laws, implementation regulations and/or SAA and EU accession related)? • If there is a procdure? are staff informed about it? and how?

26. A National Co-ordination Manual Part I Introduction • Objectives • Organisation • Policy Objectives Part III National Laws • Law-making procedure • DN, TOC and RIA • Consultations & drafting Part II Int. Negotiation Positions • Establishing Positions • Technical Meetings • Minister Meetings Part IV Info and Evaluation • Special Functions • Information Policy • Evaluation • Training

27. Who Does What? - - - Learning to Delegate Minister Negotiation w/ Commissioner or Council Political guidance and decisions. Submits formal replies, briefings and draft laws to Parliament State Secretary and/or Perm.Secr. (Co-ordination of) Negotiation position Co-ordination (political & technical) of reparation of decisions, briefings and draft laws Dep.State/Perm.Secr. and/or Director General (Co-ordination of) Negotiation position preparation (in important cases: Negotiations w/ Commission) (Co-ordination of) preparation of decisions, draft laws, etc. Director Head of Unit/Sect. Consultations, Preparation of negotiation mandates; Participation in screening and technical negotiation meetings Consultations, briefings and pre- pare decisions, parl. briefings, law drafts, etc Expert or Administrator

28. Useful Links • Table of Concordance, e.g.http://www.mvpei.hr/ei/download/2003/01/14/Usporedni_prikaz_podudaranja_odredbi_eng.doc • Impact Assessment, e.g.http://www.cabinetoffice.gov.uk/secretariats/economic_and_domestic/legislative_programme/guide_html/impact_assessment.aspx • http://ec.europa.eu/governance/better_regulation/impact_en.htm • Better Regulation, e.g.http://www.berr.gov.uk/whatwedo/bre/ • http://ec.europa.eu/governance/better_regulation/index_en.htm • Drafting and Evalaution of Laws, e.g. • http://www.coe.int/T/E/Legal_Affairs/Legal_co-operation/Law_making/Drafting_techniques_and_procedures/

29. Conclusion

30. conclusion Good Co-ordination: Pre-requisites • ...clear EU Integration policy and law approximation objectives and a strategy for meeting those objectives • ...that all public authorities involved or affected develop appropriate organisational structures and procedures • ...that there are plans (for the process and time-wise and “who”) for preparing negotiation mandates/preparing laws • ...and that the officials know all of the above and have the knowledge and skills to fulfil their tasks

31. Contact Address Tel. +352 426 230 200Fax +352 426 237 email p.goldschmidt@eipa.eu Peter Goldschmidt (DK) Director, EIPA Luxembourg Consult our EIPA website: http://www.eipa.eu