Select Committee on European Scrutiny Minutes of Evidence


Examination of Witnesses (Questions 1-19)

MR MICHEL SERVOZ AND MR PETER HANDLEY

THURSDAY 31 OCTOBER 2002

Mr Connarty

  1. Good morning again, Mr Servoz and Mr Handley. As I explained, I am taking the chair in the absence of the Chairman, Jimmy Hood, who is actually off at a conference with other chairs of select committees in Estonia. Can we just get right down to business because I know you have got another meeting and we do want to let you go as quickly as possible so you can focus on your next meeting. In the Work Programme document the Commission talks about "structured dialogue" with other EU institutions. Can you summarise for us the significance of the stocktaking document and what stage it represents in your new strategic planning process? Can you tell us what happens next?

  (Mr Servoz) Thank you very much. First of all, if I may, I would like to express my thanks to you and to Members of this Committee for inviting us to give evidence to this committee. I think the timing of this meeting is quite good because in fact it was only yesterday that the Commission adopted this Work Programme for 2003. In a way it is also an opportunity for us to explain what is in this Work Programme for 2003. What I should explain is the process which prepares for this Work Programme. There I think it is quite important to remember that this is part of the reform of the Commission which was all started by scathing criticisms in the Wise Men Report about the fact that the Commission appeared to be unable to set priorities and willing to do all sorts of things without a clear order of business, a clear set of priorities. As a reaction to that the Commission has decided to create a political programming process. To cut a long story short, this political process is the following: first you have at the beginning of the year what we call the Annual Policy Strategy and this is a decision taken by the Commission which gives the political orientation. In this decision the Commission identifies political priorities. For instance, for 2003 there are three broad priorities. One is enlargement, quite obviously, the second one is stability and security and the third one is the sustainable economy. On the basis of these political priorities the Commission identifies key actions, key initiatives, which are going to be delivering the priorities. Thirdly, and most importantly, the Commission identifies the resources which are necessary to deliver this priority. In other words, this is a political framework on the basis of which there will be the budgetary process and there will be a dialogue with the other institutions which will lead to the preparation of the Work Programme. This process with the other institutions is what we call the structured dialogue. In concrete terms it means that each Commissioner goes and sees their parliamentary committees in the European Parliament and discusses with those committees the priorities and the key initiatives which are foreseen in their own domain. All of this preparation leads to a stocktaking document in which the Commission takes stock of these dialogues which have taken place between individual Commissioners and the committees and then on this basis the Work Programme is prepared. In other words, the Work Programme is really the result of several steps which gradually refine the definition of the priorities and the identification of the priority actions. The Work Programme was adopted yesterday. In fact, what it does is simply confirm the priorities that were identified in February because in the dialogue we found that the other institutions had endorsed, had welcomed, the three priorities which were identified. Secondly, the Work Programme also indicates how the key initiatives will be translated in legislative action. The Work Programme is a political instrument. It is an instrument in which the Commission announces a number of political actions, they are not all legislative. For instance, on foreign affairs it is clear that there is a lot of work which takes place in the doha negotiations, a lot of work which takes place regarding Afghanistan, which is political work but which cannot be translated into legislative action. This is why the Work Programme makes a summary of these key initiatives which are political initiatives and, in addition, presents a list of what are the concrete legislative actions which are foreseen for next year. I should mention at the same time that a similar dialogue takes place with the Council. The President has presented the Annual Policy Strategy to the Council. There was a discussion which resulted in a discussion at the General Affairs Council in the spring and it is intended to have the same process after the adoption of the Work Programme which means that during the month of November first President Prodi will present to the GAC, the General Affairs Council, the Work Programme and have discussions with the Member States and, secondly, he will present the Work Programme to the plenary of the European Parliament. We know that the Parliament will reflect and possibly issue a resolution after this presentation. In a few words that is the general framework. If you want I could now explain to you how in practice the structured dialogue has influenced the priorities and the key actions which were identified in February. There I should say, and I think it is important, that this was the first exercise. It was in fact probably a pilot exercise. For the first year we had a dialogue with Parliament and Council on the political priorities and on the priority actions. It is clear that both sides were learning in a way. I must say that some of the discussions which took place between Commissioners and parliamentary committees lacked a bit of focus and I think both sides are aware of this point and will make sure that next year the discussions are a little bit more focused. If I can just mention the few points which were discussed in this dialogue, debated in this dialogue, with Parliament and Council, and which we took into account in the Work Programme as examples. On enlargement—

  2. Could you leave those specific points to maybe respond to specific questions. You have explained very well. Could you say just a little more about what happens next?
  (Mr Servoz) Absolutely.

  3. Then many people want to ask many questions and we do not have a lot of time.
  (Mr Servoz) Thank you. What happens next is the following: when the Work Programme is adopted—the Work Programme was adopted yesterday—there is a formal presentation to the General Affairs Council by the President and then to the Parliament. That takes place on 18 November for the Council and 20 November for the Parliament in plenary. After this we understand that the Council and Parliament probably will issue resolutions. Next is the fact that the Work Programme will be implemented as of 1 January. This is an important point. It is not only implemented by the Commission as a political body, more importantly it is implemented by the services, what we call our Directorates-General. They are those who on the ground will implement the Work Programme. How do they do that? They have management plans, a new tool which is also a result of the reform, and in these management plans they have to reflect the priorities, the objectives and the key actions which the Commission has decided in the Work Programme. This is really a guide for them on which they have to execute the Work Programme and, of course, the execution will be monitored. At the end of 2003 they will have to prepare an Annual Activity Report. I think it is quite important to stress that this Annual Report is something for which they have a full responsibility, even a political responsibility. This Annual Report is sent to the European Parliament and to the Council and the European Parliament can hold hearings with the individual Commissioners and Directors-General to discuss the content of the report. The report is essentially meant to explain how far the objectives were achieved, what are the results. It is a very important tool for the Commission.

  Mr Connarty: Thank you, that is very, very succinct and comprehensive at the same time.

Miss McIntosh

  4. A number of colleagues around this table have actually been in the European Parliament and are familiar with the previous procedure. I would be very interested to know to what extent the new structural dialogue that you have had has regard to other institutions and other parties other than the European Parliament and the Council of Ministers in shaping this programme. Presumably you will be approached by, for example, individual Member States and I would like to ask whether the UK Government approached the Commission with any helpful suggestions?
  (Mr Servoz) On this I would simply say that the structured dialogue as it is defined for the time being is only with the European Parliament and Council. Of course, we also send, transmit, these documents to the Comité des Régions and also to the Comité Économique et Social but there is no such structured dialogue with these other bodies.

  5. If I was to ask if you have a dialogue at this stage with anybody other than those two main EU institutions you would probably say no, you do not?
  (Mr Servoz) I do not think we would say no. The fact that we are here today is also an example that we are open to have such a dialogue with all the bodies that participate in the conception of these political strategies.

  6. Is there a difference between this so-called structured dialogue and in the way that the Work Programme is amended and the position that perhaps used to happen with the annual debates on the Work Programme in the European Parliament over the number of years that has been happening? Are there any new benefits that you are seeing emerging?
  (Mr Servoz) It is basically a difference between the Work Programme as the Commission did it before 2001 and the Work Programme which we do today. Before the Work Programme was essentially a catalogue of legislative forecasts but we all knew that these provisions were not always executed. Actually the execution rate was pretty poor. The big change is first of all now the Work Programme is a political statement. It is first a political instrument in which there are political priorities and on which there is a dialogue with the other institutions on the priorities, the objective being that there should be a convergence of political objectives between Parliament, Council and the Commission. In that respect there is a big change.

  Ms McIntosh: That is very helpful.

Mr David

  7. Following on that point about this being a political statement in many ways, there is a discussion going on in the Council about the Council itself having more of a strategic role in terms of the Union's priorities. For example, in the Seville Conclusions there was reference to a multiannual strategic programme coming forward from the Council. Assuming after the Convention that kind of thinking is taken forward, how would you see the Commission's Work Programme relating to that more strategic role being taken in the Council?
  (Mr Servoz) On this I would say that first of all we have welcomed the Seville Conclusions. We think that it is a very important step that the Council has taken to organise the political programming on its own, which is an annual programming and at the same time a kind of three year programming. For us it is a step which is welcome. Our intention is to contribute to this programming. Of course, this is only a partial step. At the end of the day we think that there should be a European Union programming, that there should be the identification by the three institutions of one programming and we should work towards this objective. We think this objective can only be achieved through the Convention. For the time being the Seville Conclusions have created the Council programming and we want to contribute to it. Actually, the Work Programme which the Commission has adopted today is a contribution to the Council programming and will be presented by President Prodi on 18 November as a contribution to the Council programming.

Miss McIntosh

  8. I hope you do not perceive this to be an unfriendly question but when we considered the Commission budget earlier this year, particularly on enlargement, I have to say that I personally was shocked and I was a stagiaire in the Commission in 1978. I cannot quite understand why the enlargement will lead to a 13 per cent increase of existing available human resources and 16 per cent of the posts and the Commission estimates that by 2008 it will need about 3,900 additional full-time equivalent staff filling 3,400 additional establishment posts. I think all of us are in favour of enlargement, this is not a politically motivated point, I personally set a high price on enlargement, but I cannot understand when in geographic and population terms the next enlargement is comparatively small to the succession of enlargements that we have had that the Commission can justify that forecast and increased expenditure, particularly relating to staff.
  (Mr Servoz) This is indeed a very important point. If I can point in the direction of the estimates which have been done by the Council, by Parliament and by the Court of Justice for their own needs in view of the enlargement, I can tell you that the Council have estimated that they need a more than 35 per cent increase in their staff. The same goes for Parliament. For the Court of Justice it is even worse, they have asked for more than a 60 per cent increase in their staff for after enlargement. In that respect I have to say that our own estimation we see as modest and frankly very well justified. I was part of the team which participated in the screening of all the services to make sure that what they were claiming for after enlargement was reasonable. I can tell you the study has been made very thoroughly and very carefully. It seems important to us that enlargement is achieved with the same level of quality that we have today. We do not think it is possible with the current level of staff to achieve this objective. It is 10 more countries, 10 more Member States, close to 100 million more citizens. There are issues that need attention that are extremely difficult to tackle: veterinary issues, competition issues. I think it is clear that this is a task which it is not possible to undertake if the corresponding level of staff are not present. If I can simply insist on one aspect of the reform. One aspect of the reform of the Commission was to say that the Commission should not do what it cannot do if it does not have the resources. So "if you do not have the resources you, Commission, do not undertake the commitment". That is why I think the Commission has been asking for these extra resources which in our view are really necessary.

  Miss McIntosh: But perhaps the Commission should focus on what it should be doing and not on things that it should not be doing and that would be a good focus. There is not a 13 per cent increase in population, the workload is not going to be a 13 per cent increase, we just wonder how you can justify that. We hope that you are not going to be looking to undertake a 13 per cent or 10 per cent increase in functions because that causes problems in this country when the Commission appears to be undertaking functions that it should not be. If I could give you an example—

Mr Connarty

  9. Could I suggest that we do not get into that kind of dialogue, we do not have the time. I think the point Miss McIntosh is making is why does the Commission not transfer people from less important work rather than just keep expanding its work?
  (Mr Servoz) We are doing that. For instance, if you look at the Annual Policy Strategy for 2003 we have carried out an internal redeployment of more than 300 staff. We are really moving people from certain tasks to priorities. We are doing it. In the case of enlargement, if I can just mention one issue which really explains the situation, we have a translation problem. We have a major translation problem. If memory serves me well we have 10 more languages to cover and you know the rules, all the decisions which are issued must be translated into these languages. Unless the language question is resolved, and the Commission has always been favourable to a solution on this one, it is clear that we have to staff properly the translation services. We could look at the figures but in this 13 per cent increase, if my memory serves me well, half of it is translation services.

  Mr Connarty: I am sure that debate will run.

Mr David

  10. The programme refers to enlargement as being one of the central priorities for 2003, quite rightly in our view, and it goes on to state—it is a very broad statement—"One of the objectives is to conduct an in-depth re-thinking of Community policies that reflects the qualitative dimension of the most significant enlargement in the history of European integration." What exactly does that mean?
  (Mr Servoz) I think it means that a number of policies will need to be rethought because they will not be conducted in the same way after enlargement with 25 countries as they are currently. I think there is an obvious example which comes to mind and that is the Common Agricultural Policy.

  11. I am glad you mentioned that.
  (Mr Servoz) On this the Commission has taken its responsibilities. There is a proposal that has been made which is on the table and we are basically saying that we need to reform it. Commissioner Fischler has made a proposal which states very clearly how after enlargement the Common Agricultural Policy should be reoriented. That is basically what it means. It not only applies to the Common Agricultural Policy, it also applies to a number of fields like transport policy and other cases.

  12. Could I just pursue this slightly on the Common Agricultural Policy. There has been a great deal of discussion in Britain and elsewhere about the summit at the weekend and there has been some speculation that the decisions that have been taken will in fact compromise the conclusions of the mid-term review and may actually question what you have just stated. What is the Commission's response to that debate?
  (Mr Servoz) First of all I would like to say that whatever I say now is in a personal capacity. Indeed decisions have been made by the European Council but we in the Commission, and I think we are not alone, are looking at these decisions and trying to interpret them. The Commission is also reflecting on what next steps it is going to take, especially vis a vis the proposals that it has made. What I can say is the facts as we know them at this point in time. At the European Council last Friday a cap was set for the increase of European aid and as far as we are concerned we noted that the overall level of agricultural spending until 2013 now has a limit. There are clearly a number of questions which for the time being are unresolved. However the Commission has stressed the importance of the fact that the enlargement negotiations can proceed, they can be successfully concluded. There are however, a number of questions which are to be resolved. The only thing I would say not in a personal capacity is the following: the Commission has a number of legislative proposals ready, to implement the reform that it presented earlier in the year. These legislative proposals, I repeat, are ready, they are in the Work Programme for 2003.

Tony Cunningham

  13. My question is also on enlargement. There are a number of practical steps that the Commission I am sure will be taking to ensure that anti-fraud arrangements are put in place in the new Member States and that these anti-fraud measures are effective, but a concern that I have, and as Miss McIntosh said a number of us are former Members of the European Parliament and have written budgets and so on in that capacity, is getting the balance between making sure that there are anti-fraud measures there but also making sure that they are not perceived within the Commission to such an extent that people do not make any decisions. It lands on someone's desk and in order to make sure that there is absolutely no fraud they pass it on to someone else for another decision and somebody else could look at it and so on and in the end the budget is never spent, huge amounts of money are never spent. It is getting that balance right, making sure that there is no fraud but also making sure that decisions are made so that there is an effective use of the money.
  (Mr Servoz) This is probably one of the most important challenges for next year because one of the things that was identified by the Commission as really crucial on 9 October when it decided on its proposal on enlargement was really the question of judicial and legislative capacity in the new Member States to deal with fraud in particular. There the Commission has secured funding of a lot of money for an institution building facility in the new Member States. I think the Commission is quite aware that a lot of work needs to be done in that respect. This is clearly the biggest challenge, it is clearly identified as such, and as you know there will be very thorough monitoring next year for the implementation of the agreement and there will be a progress report. I think this issue will be top of the list.

  Tony Cunningham: The second part of the question you did not touch on. You could put in so many measures that there was absolutely no fraud whatsoever and nothing actually happened, no money was spent, nothing was done, everyone was just there checking, double-checking and treble-checking and so on. How do you get the balance right?

Mr Connarty

  14. Mr Handley, if you feel you want to contribute something, please do.
  (Mr Handley) In response to your question I would say that what the Commission is doing is gradually and progressively decentralising the responsibility for spending programmes on programmes such as PHARE and SAPARD to the authorities in the new candidate countries. This is being done in order to ensure that everything does not get frozen by being centralised at the headquarters in Brussels and that the expertise is built up in the new candidate countries before enlargement takes place. This has to be seen in conjunction with what Mr Servoz was saying about making sure that you also have the mechanism to detect and combat fraud. We would certainly agree that under spending is a potential problem and unless the budget is spent fully and on projects which contribute to the major goals of institutional and judicial capacity then new Member States will not have made themselves fully prepared for enlargement.

  Mr Connarty: Thank you very much. We will move on now to the chapter on stability and security.

Mr Davis

  15. Mr Servoz, I am very interested in this heading "stability and security", paragraph 3.2. In the first paragraph before you go down to the specifics there is a reference to the need to balance measures to counter illegal immigration on the one hand, but on the other hand a genuine Community immigration policy. Is there a Community immigration policy already?
  (Mr Servoz) Yes.

  16. What is it in that Community immigration policy which is not genuine?
  (Mr Servoz) I think what the Work Programme is doing this year is trying to set a balance between the security measures which have been extremely necessary after 11 September events, so clearly a focus on security, but this needs to be balanced first of all by a number of measures, such as social integration.

  17. I am sorry to interrupt you but I do not think you have understood the question. Let me explain. I asked you whether there is an existing Community immigration policy and you said yes. I am asking what is it in that policy which in the opinion of the Commission is not genuine? If there is already a policy and you say we need a genuine policy, what is it that means that the Commission does not regard it as a genuine policy? What does the adjective mean?
  (Mr Servoz) The term "genuine" applies more to the balance. We need to apply a genuine balance between security measures and social integration. If I may just make one point, there is in the Work Programme 2003 a number of measures on employment, legal immigration and employment. I think that is quite important.

  18. It is very important but that is not the question. My question is you have got an adjective, you say it is a mistake, it should be an adverb. Mr Handley, are you able to explain? Should it be a genuine balance rather than balanced by a genuine policy?
  (Mr Handley) I do not think we can get into the semantics of this.

  Mr Davis: But words mean what they mean. It seems an unnecessary word.

Mr Connarty

  19. Mr Davis, it is a very important point that you are pursuing, perhaps we should let Mr Handley explain.
  (Mr Handley) Part of the problem is that the Commission has proposed quite a series of measures to develop a European immigration and asylum policy but many of these proposals which form part of the Tampere agenda and form part of the follow-up to the various European Councils have not been followed through. Until such time as the Council actually adopts all of the proposals that are on the table we cannot be said to have a genuine Community immigration and asylum policy. That is one of the major concerns. As you will see in our Work Programme for next year, we highlight all of the various justice and home affairs dossiers which are currently awaiting action at the Council. To some extent when we say we need a genuine immigration and migration policy it refers to the fact that there is not one yet fully in place. As Mr Servoz has explained, the other dimension of it is we need to balance, if you like, the unwelcoming aspects of Community policy with the welcoming aspects. We need to make sure that those who have a genuine right to come into the European Union can do so in a way which is fairly systematic across the European Union and that there are also systematic practices of what to do with people who come in who should not be here.


 
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