16. THE COMMISSION'S LEGISLATIVE AND WORK
PROGRAMME FOR 2003
(23961)
13905/02
COM(02) 590
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The Commission's legislative and work programme for 2003.
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| Legal base: | —
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| Document originated: | 30 October 2002
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| Deposited in Parliament: | 12 November 2002
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| Department: | Foreign and Commonwealth Office
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| Basis of consideration: | EM of 29 November 2002
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| Previous Committee Report: | None, but see footnote 52
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| To be discussed in Council: | No date set, but presented to the Council on 18 November
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| Committee's assessment: | Politically important
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| Committee's decision: | Cleared, but part is relevant to the debate in European Standing Committee B on the staffing needs of the Commission in the enlarged EU
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Background
16.1 In our Report on European scrutiny in the Commons,
published in June this year, we indicated our intention to make
scrutiny of the Commission's Annual Work Programme an important
part of our own programme, noting that this offered an opportunity
to consider possible legislative proposals at a much earlier stage.[51]
To this end, we took evidence on 31 October from two officials
of the Commission's Strategic Planning and Programming Unit on
the Commission's "stocktaking document", which forms
part of the planning cycle between the Commission's Annual Policy
Strategy[52] and its
Legislative and Work Programme.
16.2 We are grateful to the two officials, Mr Servoz
and Mr Handley, for their evidence, which enabled us to focus
on some of the Commission's proposals likely to be of particular
interest to us; it will help to inform our consideration of some
of those proposals during the coming year. We are publishing that
evidence with this Report. We have since received the Legislative
and Work Programme, which we examine in this section of our Report.
16.3 The Commission's planning cycle is currently undergoing
significant change, and the European Council is also seeking to
improve its forward planning, which we intend to ensure is also
subject to national parliamentary scrutiny.[53]
16.4 The Seville European Council of June 2002 agreed
that it would adopt a multiannual strategic programme for the
three following years in December 2003. It also agreed that each
year in December, starting in 2002, an annual operating programme
of Council activities would be submitted to the General Affairs
Council.
The Commission's Legislative and Work Programme
16.5 The Annual Policy Strategy is the policy framework
for the Legislative and Work Programme (LWP), the Commission's
contribution to the Council's first annual operating programme.
This is the first time that the Commission has prepared the LWP
after an intensive dialogue, which started in January, with the
European Parliament and the Council on the Annual Policy Strategy.
16.6 The LWP sets out the Commission's plans for bringing
forward new initiatives, and taking forward existing ones, during
the coming year. The document does not put forward individual
proposals for new legislation or expenditure. It confirms that
the Commission's three priorities for 2003 will be those identified
in the Annual Policy Strategy:
- stability and security; and
- a sustainable and inclusive economy
An enlarged Europe
16.7 The Commission sees itself, as guardian of the Treaties,
as being in the front line in ensuring that the policies of the
EU are pursued and that the acquis communautaire is implemented
from day one of accession. It stresses that it will need adequate
resources for these tasks. It says that, like the other Institutions,
it will have to continue to improve its management and working
methods and that it will have to concentrate more than before
on essential activities.
16.8 The Commission describes its first key objective
for 2003 as:
"to ensure adequate support, close monitoring and regular
reporting so that the future Member States assume fully all the
responsibilities arising from accession, and also to ensure a
smooth phasing-in of EU policies in the new Member States and
the normal functioning of the internal market after accession".
16.9 Another key objective is:
"To conduct an in-depth rethinking of Community policies
that reflects the qualitative dimension of the most significant
enlargement in the history of European integration".
16.10 The document specifies what initiatives it proposes
to take to meet its key objectives. These include:
- monitoring the process up to ratification of the Accession
Treaty, to enable the candidate countries to achieve membership
in 2004. Under this heading, the Commission will:
- seek to ensure a smooth accession process;
- continue to monitor the candidate countries' implementation
of the commitments they made in the accession negotiations and
produce a comprehensive monitoring report;
- assess implementation of the commitments so that it can programme
structural funds for the new Member States on accession; and
- prepare safeguard mechanisms for the internal market and the
area of justice and home affairs.
- prepare and implement a revised accession strategy for Bulgaria
and Romania, and strengthen the pre-accession strategy for Turkey;
- assist the future Member States to strengthen their administrative
and judicial capacities. Included under this heading, are:
- measures to ensure Community standards for food safety;
- mobilising investments in the candidate countries to ensure
the functioning of the internal market and to enable these countries
to participate fully in the Trans-European networks.
- prepare the application in the new Member States of Community
legislation, programmes and surveillance procedures and of the
open method of coordination[54].
- prepare the practical application of the Common Agricultural
Policy in the new Member States through:
- technical adaptations of farming legislation; and
- preparation of rural development programmes ;
- extend the Community's anti-fraud arrangements to the candidate
countries;
- complete the administrative and linguistic preparations for
enlargement. Initiatives under this heading will include:
- completing publication of the Treaties; and
- preparing to select, recruit and integrate officials from
the new Member States into the Commission.
- continue the administrative reform of the Commission;
- continue to review the main policies of the Community to provide
a basis for future proposals; and
- contribute to the work of the Convention on the future institutional
framework for an enlarged European Union.
Stability and security
16.11 A very full programme under this heading is proposed.
It covers measures to integrate border management and to fight
illegal immigration, and others to combat and prevent crime and
terrorism. It also proposes further measures to consolidate common
European immigration and asylum policies. A number of initiatives
to combat money-laundering and fraud are put forward, and the
Commission announces that it will follow up its Green Paper on
the protection of the financial interests of the European Union
and the establishment of a European Public Prosecutor.
Sustainable and inclusive economy
16.12 Under this rubric the Commission highlights the
need to press on with implementation of the Lisbon Agenda, to
ensure that the internal market for services — financial,
energy, transport, telecommunications etc. — is fully operational,
and to maximise the effect of introducing the euro for consumers
and businesses. The Commission also notes the need to deal with
globalisation and to ensure that the benefits are shared as widely
as possible between countries and within countries. It draws attention
to the importance for multilateral trade negotiations of the WTO
ministerial meeting in Cancun in September 2003, of the Kyoto
environmental commitments and of those made at Monterrey and Johannesburg
in the areas of trade, finance and globalisation.
16.13 The Commission identifies four key objectives for
2003:
- to maintain stability-oriented macro-economic policies and
accelerate implementation of the Lisbon Agenda;
- to promote sustainable development and strengthen social and
economic cohesion;
- to promote a genuine immigration policy reflecting the fact
that successful integration of immigrants in society is a matter
both of social cohesion and economic efficiency;
- to ensure that the positive effects of globalisation are shared
evenly between and within countries.
16.14 The Commission suggests 12 areas for initiatives
in 2003 to promote a sustainable and inclusive economy:
- the Commission's Spring Report for the European Council, which
assesses progress on the Lisbon Agenda and identifies priorities
for the next 12 months in order to keep the agenda on track;
- measures to complete the internal market for services;
- measures to enhance competitive conditions in the internal
market;
- initiatives to improve economic policy co-ordination, in particular
budgetary policies;
- initiatives to promote the knowledge-based society;
- measures to ensure sustainability and coherence in and between
a number of key internal and external policies, notably agriculture
(CAP mid-term review), fisheries, environment, transport, energy,
migration, cohesion policy and Structural Funds (third report
on cohesion policy), food safety, communicable diseases and public
finance in the context of monetary union;
- implementing the Social Policy Agenda, combining all Community
instruments (open method of co-ordination, legislation, social
dialogue, and support via the Structural Funds);
- implementing the Cotonou Agreement and Asia-Latin America
programmes with a view to effectively reducing poverty;
- intensifying the dialogue with Africa, by supporting the African
Union in its efforts to bring governance, peaceful co-existence,
and sustainable development to Africa, and by making a success
of the Lisbon EU-Africa Summit in April 2003;
- intensifying the Doha trade round negotiations, by ensuring
a successful WTO ministerial meeting in Cancun in September 2003;
- continuation of bilateral negotiations with Mercosur, the
African, Caribbean and Pacific States, the Gulf Co-operation Council
and the Mediterranean countries and review of relations with South
East Asia; and
- ensuring coherence between the European Union's internal policies
and the external relations and cooperation policies.
Extended impact assessment of selected proposals
16.15 As agreed at the Seville European Council, the
Commission will start carrying out impact assessments in 2003.
It describes the procedure as designed to assess the impact of
proposed Commission actions through systematic checks on whether
these comply with the principles of subsidiarity and of proportionality,
in operational terms. The assessments will include an analysis
of the balance between the economic, social and environmental
components of sustainable development. The procedure will be implemented
gradually and become fully operational with the adoption of the
2004 Annual Policy Strategy in February 2003.
Annex 1: assessment of progress in 2002
16.16 The Commission considers that it made significant
progress in delivering the key initiatives set out in its Work
Programme for 2002. Highlights included:
- intensifying its efforts on enlargement to enable the
candidate countries to join in 2004;
- stepping up action aimed at reinforcing the EC's financial
interests in the candidate countries;
- activities under the European Council action plan to combat
terrorism following the attacks on New York and Washington on
11 September 2001
16.17 Amongst the activities the Commission notes are:
- the Commission signalled its concern over a "delivery
gap", where Council decisions were not keeping pace with
the deadlines established at the Lisbon European Council;
- progress in areas such as the Financial Services Action Plan,
research and eEurope;
- less progress in other areas such as completion of the European
Single Sky, achievement of the internal energy market and revision
of the trans-European networks (TENs);
- a new draft Directive on take-over bids;
- Commission recommendations relating to monitoring of the Stability
and Growth Pact;
- adoption of the Sixth Framework Programme for Research and
Technological Development by the European Parliament and the Council;
- the Commission contribution to the World Summit on Sustainable
Development;
- presentation of the Commission's mid-term review of the Common
Agricultural Policy as well as proposals to reform the Common
Fisheries Policy, both of which seek to ensure greater sustainability
in economic, social and environmental terms;
- presentation by the Commission of proposals for an evaluation
of the European Employment Strategy and a Communication on the
social responsibility of enterprises;
- launch of the independent European Food Safety Authority (EFSA);
- adoption of the new Public Health Programme (2003-2008);
- a Commission proposal, in the fields of energy and transport,
for a multiannual programme on "Intelligent Energy for Europe".
- ratification of the Kyoto Protocol by the EU as a major achievement.
- presenting proposals on European Governance to make the institutions
work better and to "enhance the openness and efficiency of
the EU's working methods;
- making an active contribution to the debate on the Convention
on the Future of Europe. The Commission comments that it did
not, as announced in the 2002 Work Programme, present formal proposals
on options for informing national parliaments better about Community
legislative proposals. Instead it informed the Convention working
party of its willingness to transmit to national parliaments all
legislative and other proposals that it presents;
- making a major effort to reinvigorate the Euro-Mediterranean
partnership. Apart from work on Association Agreements, it adopted
an action plan for the conservation and sustainable exploitation
of fisheries resources in the Mediterranean;
- placing particular emphasis on the role of health and education
policies in combatting poverty.
Annex 2
16.18 This annex lists proposals on which an extended
impact assessment will be made before they are adopted by the
Commission in 2003. There are six under the heading Stability
and security priority, 36 under Sustainable and inclusive
economy priority, including a number for which the Environment
Service has responsibility, and one under Enlargement.
Annex 3
16.19 In four pages the document lists proposals put
forward by the Commission which are awaiting action in other EU
institutions. These include one on the Agreement on staff reform,
three under the heading Economic and Financial Affairs, 22
under Justice and Home Affairs, and others under a variety
of headings.
Annex 4
16.20 This annex consists of two detailed lists of legislative
proposals and non-legislative "acts". It has been included
in response to comments from the European Parliament. By "acts"
the Commission means Communications, White Papers and other such
initiatives.
The Government's view
16.21 The Minister for Europe, Mr Denis MacShane, comments
that the Government agrees with the three political priorities
identified by the Commission. He adds:
"On an enlarged Europe, the reference to reinforcing
the administrative and judicial capacities of the candidate countries
is welcome. But we would also like to see greater prominence given
to the references to the CAP and Structural Funds being available
from day one of enlargement.
"The Government considers that the section on stability
and security identifies the right themes. The reference to
increased funds for the European Refugee Fund and greater cooperation
with third countries in the field of migration is particularly
welcome. But we would like to see the reference to the external
relations aspect of Seville on integrating immigration into the
EU's relations with third countries while protecting development
cooperation objectives, and the need to identify a clear legal
base to fund such activity, made more explicit. We would also
prefer to have a reference to Civil Law more generally.
"In the sustainable and inclusive economy section
there is a welcome reference to the CAP mid-term review and a
prediction of two 'waves' for the additional CAP reforms that
the Commission is due to propose next year..."
"The introduction of impact assessments is very welcome.
The identification of some 40 legislative proposals that will
be subject to this mechanism is a significant step forward. There
is also helpful language on stabilisation and association processes
opening perspectives for membership for some of the Western Balkan
countries."
16.22 The Minister recalls the reduction by the Council
of proposed spending in the Administrative category of the Preliminary
Draft Budget for 2003 and that the Commission was concerned that
this would prevent it taking on 500 extra temporary staff in 2003
for enlargement preparations. He notes that the Commission states
its concern again in the present document but then comments:
"However, following agreement by the Community institutions
to take part in a 'frontloading' exercise, involving transfers
of resources between the institutions (notably from the Parliament
to the Commission) in 2002, the Parliament, in its first reading
of the 2003 Budget, was able to reinstate appropriations to the
Commission's administrative budget, sufficient for the employment
of the 500 temporary staff, and without breaching the Financial
Perspective ceiling. The Council, at its second reading, accepted
this change".
Conclusion
(1) Enlargement
16.23 The Commission makes no effort in this paper
to argue its case for the 500 temporary staff. We understand that
the objective is to recruit, so far as possible, from the ten
candidate countries which are expected to join the EU in 2004.
When the Commission later seeks to appoint permanent staff from
those countries, the temporary staff are expected to be well-qualified
applicants. It is hoped that a high proportion of those who are
not offered jobs in the Commission will return to their home countries
where full use will be made of their expertise.
16.24 As we reported on 27 November[55],
appropriations from the European Parliament budget will be reallocated
to the Commission's budget to enable it to recruit the 500 temporary
staff. Although the issue of the budget for these staff has, therefore,
been resolved, we consider that it is relevant to the European
Standing Committee B debate which we recommended on the staffing
needs of the Commission.
(2) Assessment of progress in 2002
16.25 In its contribution to the Convention, the Commission
notes that Member States' governments are responsible for passing
Commission proposals on to national parliaments. However, it says
that it would have no difficulty in sending the proposals directly,
if Member States agree. This would make it easier for the Council
Presidency to ensure respect for the six-week time limit.
16.26 In our case the Cabinet Office European Secretariat
performs the essential task of sifting documents put out by the
Commission into those which should be deposited and on which Government
departments are required to submit Explanatory Memoranda and those
which need not be deposited. We would not wish to change this
system, though we note that the electronic transmission of documents,
which started recently, has speeded up the process considerably.
(3) Safety and security
16.27 We consider that proposals in this area are
particularly likely to raise issues of competence and subsidiarity.
In this regard, we note the reference to a proposed Framework
Decision on procedural safeguards 'in criminal proceedings throughout
the EU' and we express our doubts as to whether there is any competence
under the EU Treaty for such an all-embracing proposal. We are
also concerned that the Commission should be continuing to expend
resources on its proposals for a European Public Prosecutor, despite
the objections of most Member States.
16.28 When we took evidence on the draft Annual Work
Programme, we queried the phrase "a genuine immigration and
asylum policy". In response, Mr Handley, from the Commission's
Strategic Planning and Programming Unit, told us:
"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."[56]
16.29 We ask the Minister whether he considers that
the slow progress of these dossiers can in any way be attributed
to their drafting by the Commission, or whether it is simply that
they are very difficult to negotiate. We also ask whether it makes
sense for the Commission to press ahead with new initiatives,
such as the "one-stop shop" for asylum applicants, when
there is so much unfinished business on the table.
(4) Introduction of the euro, further economic and financial
integration and sustainable development
16.30 We note the Commission's intention to publish
a Green Paper launching a debate on its role in "ensuring
the wide availability of high quality services of general interest
for all citizens", and in particular on the possibility of
consolidating and specifying principles on services of general
interest in a framework directive. We intend to examine this Green
Paper carefully, particularly as to the compliance of any legislative
proposals with the principle of subsidiarity.
16.31 We note the Commission's inclusion of measures
to ensure co-ordination of national fiscal systems in its initiatives
for enhancing competitive conditions in the internal market. We
will be concerned to ensure that such measures do not encroach
on the UK's own fiscal policies.
51 Thirtieth
Report, 2001-02, HC 152-xxx, paragraph 58. Back
52 We
have considered two Commission Communications this year on the
Annual Policy Strategy for 2003: (23295) - SEC(2002) 217/7;
see HC 152-xxvi (2001-02), paragraph 2 (24 April 2002) and HC
152-xxxix (2001-02), paragraph 16 (23 October 2002). (23755) -
COM(02) 427; see HC 152-xxxix (2001-02), paragraph 16 (23 October
2002). Back
53 See
Thirty-third Report from the European Scrutiny Committee, 2001-02,
Democracy and accountability in the EU and the role of national
parliaments, HC 152-xxxiii, paragraphs 65, 139-40. Back
54 A
form of governance used to ensure coherent Community action and
exchange ideas in areas where the competence largely lies with
Member States. Back
55 (23955)
13833/02; see HC 63-ii (2002-03), paragraph 13 (27 November 2002). Back
56 Q.
19 in the oral evidence published with this Report. Back
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