Select Committee on European Scrutiny First Report


9 Instruments for External Assistance

(26041)

13686/04

COM(04) 626

Commission Communication on the Instruments for External Assistance under the Future Financial Perspective 2007-2013

Legal base
Document originated29 September 2004
Deposited in Parliament21 October 2004
DepartmentInternational Development
Basis of considerationEM of 7 November 2004
Previous Committee ReportNone
To be discussed in CouncilTo be determined
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

9.1 The Commission's Communications of February and July concerning a new Financial Perspective for the EU for 2007 to 2013 included a simplified political and administrative structure for the delivery of the Community's external assistance programmes. In the first of these Communications,[19] the Commission envisaged funding to promote:

  • a policy for the EU's near neighbourhood (countries immediately bordering the Union): "stabilising" the near neighbourhood and supporting its development through cooperation and integration in trade, regulatory matters, transport, energy, education, training, and immigration; tackling environmental and nuclear safety, energy security, illegal immigration, organised crime, trafficking, terrorism and communicable diseases; moves to consolidate democracy and the rule of law and to encourage economic reforms and integration; and measures, including "as a last resort by using force under a UN mandate", aimed at guaranteeing stability, preventing conflicts and managing crises;
  • the EU as a sustainable development partner through work aimed at eradicating global poverty, including the Union's contribution towards the Millennium Development Goals;[20]
  • "the EU as a global player", supporting effective multilateralism and contributing to strategic and civil security both within and beyond its borders; and
  • improved coherence in bilateral relations and international institutions and effective complementary actions between the Union and Member States.

The Commission Communication

9.2 The present Communication proposes the replacement of the existing range of geographical and thematic instruments "that has grown up in an ad-hoc manner over time" by six, all-encompassing instruments. Two already exist. The four new ones are:

"1) An instrument for Pre-Accession Assistance

2) A European Neighbourhood and Partnership instrument

3) A Development Cooperation and Economic Cooperation instrument

4) An instrument for stability." [21]

9.3 According to the Communication:

"Enlargement has entrusted the EU with even greater responsibilities in the field of external actions, responsibilities channelled towards three main objectives: providing stability, security and prosperity in its Neighbourhood ('The EU and its neighbourhood policy'); working actively to support sustainable development at international level ('The EU as a sustainable development partner'); promoting global political governance and ensuring strategic and civilian security ('The EU as a global player')."[22]

9.4 The rationale for and "value added" of EU intervention are addressed at length. The Commission argues that with more than 450 million inhabitants and a quarter of world output, and as the biggest aid donor and the first trading partner of 100 countries, the Union "could wield considerable influence over the political and economic choices determining prosperity and stability in Europe and the wider world, which in their turn influence the wellbeing and security of Europeans. This potential is, however, partly unrealised. There is a gap between the EU's economic weight and its political clout. The cost of a reduced Europe in the field of external relations, whether political or financial, is real ... day-to-day examples of this cost are numerous" (though no examples are provided). It continues:

"the EU must therefore take a long view and set a course rather than reacting to events. If it wants to have a greater say on the international scene, it needs to speak with one voice and promote a real common strategy. It should strengthen its capacity to make global governance more effective, to promote sustainable development and political stability through its multilateral and bilateral policies. The EU must improve its capacity to draft substantial external policies by overcoming the division into pillars that undermines the coherence of its action; it also has to make sure that, once adopted, these policies are backed up by all the resources of Community and national instruments, subject to their respective decision-making procedures."[23]

9.5 The Commission also argues that "there is a strong demand from Citizens for more Europe on the international scene even where the Community's policies are not currently in the lead". According to opinion polls (unspecified as to when taken or as to their nature):

"the European level is considered the most appropriate by a large majority of people when it comes to external action, far ahead of the national level. Two thirds of European citizens support a Common Foreign Policy and three quarters a Common Defence Policy. They expect the EU to promote their common interests and values more often on the international stage and in doing so, to secure a sense of direction in multilateral negotiations and a sense of influence in the development of globalisation."[24]

9.6 Moreover, says the Commission, an EU "increasingly exposed to risks such as conflicts, natural disasters, and pandemics [and] without internal frontiers, is vulnerable to the consequences of such risks and threats, and must take appropriate external action, and effectively support international efforts, which affect not only the physical security of civilian populations and their potential for development, but also overall security and stability". All in all, "a coherent EU approach in the external relations field will increase the EU's influence far beyond what Member States could achieve separately or even working in parallel".

9.7 The Commission's views on "value added" are in much the same vein, i.e. taken as read rather than convincingly exemplified:

"The clear added value which the EU enjoys is fundamental to the attainment of the strategic goals presented above. This added value can still be further enhanced...For reasons detailed below, each EURO spent at EU level has greater leverage and consequently more impact than the equivalent spending at national level…EU intervention can firstly be justified simply because it is the most or even the only effective way to properly address our objective. The value added comes from the fact that the Community simply represents the right level for action. The very fact of European integration means that the advantages accruing to one Member State from its external operations also benefit the others. However, it is difficult to incorporate these "European" factors in decisions taken nationally, which as a result may ultimately fail to live up to expectations. This clearly justifies intervention at the Community level. The value added of Community spending also comes from the fact that the Community alone has its hands on all operational levers at once in dealing with third countries. The Community can therefore ensure consistency and synergy between main external relations instruments: political dialogue, trade, aid, economic cooperation, external projection of internal policies. Member States bilateral relations (in the political field for example) with a particular third country or even region may well be older and closer. However, the full panoply of instruments lies at EU level only. As a result, Community expenditure, used in combination with other available instruments has greater leverage than national or even multilateral expenditure which is limited by the impossibility of fully exploiting complementarities between that expenditure and other policies."[25]

9.8 The Commission explains that Community assistance and cooperation

"is delivered through a range of regional instruments, for example CARDS, TACIS, MEDA[26] etc. and through the arrangements set out for the European Development Fund (EDF) in the Cotonou agreement, to which must be added a substantial number of thematic instruments (for example the European Initiative for Democracy and Human Rights). As an example of the complexities involved, cooperation and assistance with the Southern Mediterranean, Near East and Middle East region must at present be managed through eleven different Regulations. A similar situation applies for the TACIS region, and for the Asia/Latin America regions. Pre-Accession assistance has been delivered through three discrete instruments governed by separate Council Regulations and a Co-ordination Regulation. All of these Regulations exhibit significant differences of comitology and programming. Managing the Community's programmes on the basis of such a mixed and complex set of instruments, in an efficient and coordinated way, has become an increasingly difficult task".

9.9 The Commission therefore proposes "a drastic simplification of instruments", addressing the following principles:

"— Ensuring overall policy coherence: The appropriate policy mix and balance between the needs for short-term response and long term strategies will be ensured through Country Strategy Papers (CSPs) and Regional Strategy Papers (RSPs), as well as accession and thematic strategies. Subject to regular reviews, and calling upon the appropriate mix of the new instruments proposed, this will ensure the necessary coherence in approach.

"— Simplifying structure and procedures: Budget lines and procedures (financing instruments and their legal bases) will be streamlined to make them more effective and more efficient, in particular with regard to emergencies and crises, and more responsive to new initiatives such as the Global Fund to fight HIV/AIDS, Tuberculosis and Malaria or the Heavily Indebted Poor Countries initiative.

"— Output-oriented resources allocation: There is a broad consensus on the necessity of allocating resources according to expected and measured performances. The CSPs—RSPs process, backed up by stronger analytical capabilities, should confront initial goals and real achievements.

"— Better dialogue and coordination with other donors and institutions: First, with the other EU Institutions, but also with Members States and Bretton Woods institutions.

"— Better dialogue with third countries: All countries will be covered by the new and simplified set of targeted instruments, bringing better understanding and readability."

9.10 The Commission "proposes three new main instruments for the three overarching external relations policies, namely pre-accession policy, Union policy towards the neighbourhood countries, and Union policy to support economic cooperation and development with other countries. These three main instruments are then complemented by three specific instruments, of which one is new, to address specific needs and in particular provide a response to crisis situations". It outlines them in turn:

Pre-Accession policy

"This policy covers the candidate countries (Turkey and Croatia) and the potential candidate countries (the Western Balkans) and is driven by the accession and pre-accession framework, namely the Strategy Papers, Regular Reports, the European and Accession Partnerships and the negotiations.

"The instrument for Pre-Accession will replace a range of existing instruments (PHARE, ISPA, SAPARD, CARDS etc.) and will cover Institution Building, Regional and Cross-border cooperation, Regional Development, Rural Development and Human Resources Development and will address the need for a flexible approach in order to accommodate new priorities quickly."

There is an increased emphasis on stabilisation, regional co-operation, confidence-building measures and economic development. Beneficiary countries are divided into two categories: Potential Candidate Countries, which will continue to receive assistance along current lines — Institution Building and Democratisation, Economic and Social Development, Regional and Cross-Border Co-operation and some alignment with the acquis communautaire; and Candidate Countries, which will additionally receive assistance aimed at fulfilling the Accession Criteria, building up administrative and judicial capacity and preparing them for the use of EU Structural, Cohesion and Rural Development Funds after accession. There are procedures for moving from one of these categories to the other, with Council agreement.

The European Neighbourhood and Partnership instrument

"This instrument covers countries targeted by the European Neighbourhood Policy i.e. the countries of the south and eastern Mediterranean (the MEDA countries), the Western NIS [Newly Independent States] and the countries of the southern Caucasus. This instrument will also support our strategic partnership with Russia."

"The European Neighbourhood and Partnership instrument (ENPI) has two main objectives namely to:

  • promote progressive economic integration and deeper political cooperation between the EU and partner countries; and
  • address the specific opportunities and challenges related to the geographical proximity common to the EU and its neighbours."

The ENPI will replace TACIS and MEDA and other existing instruments such as the European Initiative for Democracy and Human Rights (EIDHR). It will operate under the existing bilateral agreements between the Community and neighbouring countries. Its scope will go beyond promoting objectives such as sustainable development or fighting poverty to encompass measures leading towards participation in the EU's internal market. Legislative approximation, regulatory convergence and institution building will be supported through mechanisms such as the exchange of experience, long-term twinning arrangements with Member States or participation in Community programmes and agencies. An innovative feature is the cross-border co-operation component, bringing together regions of Members States and partner countries sharing a common border. It will use a Structural Funds approach, based on multi-annual programming, partnership and co-financing.

Development Cooperation and Economic Cooperation policy with other countries

"This policy covers, in particular, all countries, territories and regions that are not eligible for assistance under either the Pre-Accession instrument or the European Neighbourhood and Partnership instrument. The purpose of the Community's Development Cooperation and Economic Cooperation policy is to support development cooperation, economic cooperation, financial cooperation, scientific and technical cooperation and any other form of cooperation with the partner countries and regions, thereby helping developing countries achieve the Millennium Development Goals, and so reduce poverty. This cooperation is implemented in the framework of the principles and objectives of the EU's external action and in accordance with Articles 179 and 181 a of the European Community Treaty.

"The Development Cooperation and Economic Cooperation instrument (DCECI) will be the main vehicle for supporting developing countries in their efforts to achieve these objectives. The Development Cooperation and Economic Cooperation instrument is comprehensive and covers cooperation with both partner countries and partner regions, as well as all the horizontal or thematic initiatives for the benefit of the partner countries, and that are appropriate for the achievement of the objectives set out in articles 177 to 181a of the European Community Treaty and for meeting the Community' s international commitments. It will include the successor to the ninth EDF. This incorporation into the budget will facilitate cross-fertilisation and so moves up to the best practice levels of the two systems.

"These three main instruments are policy driven and have, as a consequence, particular geographical implications and coverage. They are complemented by three instruments/programmes that are designed to respond to particular crises. These are:

The Instrument for Stability

"This is a new instrument designed to provide an adequate response to instability and crises and to longer term challenges with a stability or security aspect: It will provide assistance designed to establish the necessary conditions for the implementation of the policies supported by the IPA, ENPI and the DCECI.

"In particular, the Stability instrument will allow the Community to:

  • deliver an effective, immediate and integrated response to situations of crisis and instability in third countries, within a single legal instrument, until normal cooperation under one of the general instruments for cooperation and assistance can resume. This will build on the added-value already demonstrated by the Rapid Reaction Mechanism and on the emergency provisions already provided for in a number of existing external relations financial instruments;
  • address global and regional trans-border challenges with a security or stability dimension arising in third countries, including issues such as nuclear safety and non-proliferation, as well as the fight against trafficking, organised crime and terrorism and unforeseen major threats to public health; and
  • enable the Community to deliver a timely response to future urgent policy challenges faced by the Union, by piloting measures unforeseen under the three policy-driven instruments, until such time as they can adequately be integrated within the policy framework of those instruments.

"The Stability instrument operates purely under the first pillar.[27] However its design takes into account the need for effective operational coordination between Community actions and measures adopted under the Common Foreign and Security Policy."

The Humanitarian Aid instrument and Macro Financial Assistance

"These two instruments will remain unchanged except that all Food Aid of a humanitarian nature will be included under Humanitarian Aid instead of being dealt with under a separate Regulation. As regards Humanitarian Aid this is regarded as already sufficiently well defined in terms of scope and objectives and is performing well in terms of delivery and efficiency. In addition, since its inception in 1990, Macro Financial Assistance has proved to be an efficient instrument for economic stabilisation and a driver for structural reforms in the beneficiary countries, and so no change is needed."

9.11 Finally, the Communication looks at "The external aspects of internal policies". It states that the three general instruments will cover all policy areas, either thematically, or through Country/Regional Strategy Papers and Programmes and European and Accession Partnerships, so there will be no systematic need for separate legal instruments or Regulations to deal with external aspects of internal policies. Within the four draft Regulations, "appropriate and complete provision has been made to ensure that the external aspects of internal policies are properly covered", so as to allow measures in support of policy areas such as the environment, education, transport and customs and taxation. The Commission will discuss with the Council and Parliament how it will ensure that the objectives of these policies and instruments are consistent with the overall direction of Union policy, and that overlaps and gaps between thematic and geographical instruments are minimised.

The Government's view

9.12 In his Explanatory Memorandum of the 7 November, the Secretary of State for International Development (Mr Hilary Benn) says:

"The Government wants an external actions budget which enables EC spending to assist a more coherent, pro-active and capable EU external policy response, including a significant contribution to the Millennium Development Goals (MDGs). This means: refocusing grant resources on low-income countries while retaining enhanced flexibility to respond to international events; supporting crisis prevention and resolution; and continuing to support external priorities including enlargement and the European Neighbourhood policy.

"We welcomed the Commission's February Communication on the future financing of external actions, which proposed a simplified budget with instruments based firmly on policy objectives. This included a single development instrument for all developing countries, focused on achieving the Millennium Development Goals (MDGs). These sound principles have been compromised in the July and September Communications…Although they maintain the proposal to simplify the budget, they substitute a policy-based approach with [sic] a geographical one. By wrapping development resources for countries in Eastern Europe and the Mediterranean region within a wider Neighbourhood Instrument, the scope of the Development Instrument to refocus resources on the MDGs is diminished.

"The Government is also concerned that the latest proposals do not offer sufficient flexibility to improve our crisis response, without jeopardising our long term policy objectives. The global instruments should include reserves to provide the necessary flexibility. In addition the external heading should contain a significant margin. Nor has the Commission provided the rigorous analysis or evidence to justify an overall increase in budget volumes.

"The Government does not believe that integration of the EDF into the EU budget is appropriate at this time."

9.13 On the financial implications, the Secretary of State says:

"The proposed financial framework for the EU as a global partner heading for 2007-2013 is €95.590 billion/£64.6 billion in 2004 prices...The funding available will depend on the outcome of the overarching negotiations on the finances of the EU from 2007-2013.

"The UK, along with five other Member States (Germany, France, the Netherlands, Austria and Sweden) believes that the Union's priorities can be funded by a budget stabilised at 1% of EU Gross National Income. The level of funding available for the instruments for external assistance would, therefore, need to be consistent with this."

9.14 The Secretary of State says that working groups in Brussels are currently in the early stages of discussion of the Regulations for the External Actions instruments (the drafts of which we examine elsewhere in this Report).[28]

Conclusion

9.15 At around 9% of the total EU Budget, the external actions component is a distant third behind the agricultural and structural and cohesion elements. But the sums involved are nonetheless significant. And so are the policy implications. The Community's interest in development cooperation dates from its inception. But what is notable in the Communication is the shift in emphasis, from a Community policy which, according to the Treaty, "shall be complementary to the policies pursued by Member States"[29] to the opposite principle set out in this Communication — that the Community leads the way, with Member States' programmes being complementary and inherently less effective. Much of the Commission's case is that the justification for and the value-added of Community expenditure is self-evident. Not only is there no sustained analysis or evidence to justify an increase in the overall budget; there is none to justify current expenditure beyond a proposal for a better management system. Particularly deplorable is the weight placed on vague references to unspecified opinion poll findings.

9.16 The Commission's view of the implementation of the Constitutional Treaty as a pre-requisite — "overcoming the division into pillars that undermines the coherence of its action" — appears equally unsubstantiated.

9.17 It is likely that, in the future, we will recommend the Communication for debate. In the meantime:

  • We ask the Secretary of State if he shares the Commission's assessment of its own importance in the development process relative to the Member States; and if so why. Does he agree with the Commission that "each euro spent at EU level has greater leverage and consequently more impact than the equivalent spending at national level"?
  • We ask him to expand on the adverse effects of what he refers to as "wrapping development resources for countries in Eastern Europe and the Mediterranean region within a wider Neighbourhood Instrument", and on how and to what extent "the scope of the Development Instrument to refocus resources on the MDGs is diminished". How has this change of approach come about since February?
  • We also note the Secretary of State's continued opposition to the incorporation of the EDF funds into the main EC Budget ("Budgetisation"). He argued, in November 2003, that the two main concerns were cost and the risk to poverty focus and effectiveness, and that the efficiency of EDF expenditure had been "historically poor". He said that "both poverty focus and good practice would be at risk once brought into the Budget". Since he was so critical of the external actions component of the EC Budget a year ago, we ask him to what extent, if at all, he believes the Commission's proposals would improve matters.
  • We ask the Secretary of State when he next expects to be able to bring us up-to-date on the outcome of the continuing discussions in the working groups on the Regulations for the External Actions instruments, since that is likely to determine when we recommend this matter for debate.

In the meantime we shall continue to keep the document under scrutiny.


19   (25367) 6232/04; see HC 42-xv (2003-04), paras 5-37 (24 March 2004). Back

20   UN millennium development goals to be achieved by 2015 - the eradication of extreme poverty and hunger, achievement of universal primary education, promotion of gender equality and female empowerment, reduction of child mortality, improvement of maternal health, combat of HIV/Aids, malaria and other diseases, environmental sustainability and a global partnership for development.  Back

21   Page 2 of the Communication. Back

22   Page 2 of the Communication. Back

23   Page 3 of the Communication. Back

24   Page 3 of the Communication. Back

25   Page 4 of the Communication. Back

26   The CARDS, TACIS and MEDA programmes provide assistance to, respectively, the Western Balkans, the Commonwealth of Independent States and the EU's Mediterranean neighbours. Back

27   i.e. under the EC Treaty. Back

28   Para 13 of this Report. Back

29   Article 177 EC. Back


 
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