Select Committee on European Scrutiny Fourth Report


6 Promotion of "active European citizenship"

(26556)

8154/05

COM(05) 116

+ ADD 1

Draft Decision establishing for the period 2007-2013 the programme "Citizens for Europe" to promote active European Citizenship

Commission staff working paper

Legal baseArticles 151 and 308 EC; co-decision; unanimity
Document originated6 April 2005
Deposited in Parliament17 May 2005
DepartmentCulture, Media and Sport
Basis of considerationEM of 8 June 2005
Previous Committee ReportNone; but see (24682) 10898/03: HC 63-xxxiii (2002-03), para 17 (15 October 2003); HC 42-iii (2003-04), para 5 (17 December 2003); HC 42-v (2003-04), para 16 (14 January 2004)
To be discussed in CouncilNot known
Committee's assessmentPolitically and legally important
Committee's decisionNot cleared; further information requested

Background

6.1 The aims of the current European citizenship programme are to bring Europe closer to its citizens by promoting civic participation and encouraging cooperation between communities in all Member States. The programme was set up by a Council Decision on 26 January 2004 under Article 308 of the EC Treaty and will expire on 31 December 2006. Following low turn-out at last year's European Parliament elections, the Commission believes that the aims of the programme continue to be a priority for the EU. It has therefore proposed an extension and enhancement of the current programme to run from 2007 to 2013 and to be known as the "Citizens for Europe" programme.

6.2 Article 151 of the Treaty establishing the European Community (the EC Treaty) authorises the Council to adopt measures to give incentives to Member States to cooperate with each other to promote knowledge and dissemination of Europe's culture and history and encourage cultural exchanges. Article 308 of the Treaty authorises the Council to adopt measures if they are necessary to attain, in the course of the operation of the common market, one of the objectives of the Treaty and the Treaty has not provided the necessary powers.

Previous scrutiny of the current citizenship programme

6.3 In October 2003, the previous Committee considered the draft Decision to set up the citizenship programme for 2004-06. The Committee regarded it as unsatisfactory that approval was being sought for the programme without an evaluation of the financial support previously provided for the promotion of European citizenship, including an assessment of the value for money obtained by supporting the institutions which had received guaranteed funding of their operating costs. It was also concerned by the use of Article 308 as the legal base, regarding the Minister's interpretation of the words "in the course of the operation of the common market" as so wide as to rob the words of their plain meaning.

6.4 On 14 January 2004, after receiving additional information from the Minister, the previous Committee remained unpersuaded by the Minister's arguments about the appropriateness of the use of Article 308 as the legal base for the Decision. It pressed for an immediate evaluation of the expenditure up to the end of 2003 and asked the Minister "to seek an assurance from the Commission that the external evaluation to be done in 2006 will be completed and made available well before any proposal for the continuation of the programme beyond 2006 is presented for approval".

6.5 In March 2004, the then Minister (Caroline Flint) responded to the previous Committee's points. She indicated that the Commission would not agree to undertake an evaluation of the expenditure up to the end of 2003. The Government had concluded that it was impractical to do so itself. The Minister agreed with the Committee that an evaluation should be available before any renewal of the programme for 2004-06 and said the Government had "therefore gained an assurance from the Commission that an evaluation would be produced alongside any proposal to renew this programme in 2006".

6.6 On 10 March 2004, the Committee wrote to the Head of the European Secretariat at the Cabinet Office indicating its concern about the absence of evaluations of expenditure programmes more generally. His reply, received on 31 March, stated that the Government agreed with the Committee about the need for such evaluations. All government Departments had been told to seek timely evaluations and to comment on them in Explanatory Memoranda (EMs). The EM should provide an explanation if an evaluation was not to be carried out.

The draft Decision on a programme for 2007-13

6.7 The proposal aims to improve on the current programme by adding a cultural dimension to its objectives and by simplifying the financial management through amalgamating eight funding streams into one.

6.8 The three general objectives proposed for the 2007-13 programme are:

·  encouraging involvement of citizens in forming "an ever closer Europe";

·  "forging a European identity"; and

·  enhancing mutual understanding within Europe.

6.9 There are also four more specific objectives:

·  bringing people together from local communities across Europe;

·  fostering "action, debate and reflection" related to European citizenship;

·  making the idea of Europe more tangible by celebrating its values and achievements; and

·  encouraging balanced integration of citizens and civil society organisations from all Member States.

6.10 The programme would operate both directly with citizens and through citizens' organisations in three areas:

·  Action 1 will support activities such as town twinning and the funding of transnational and cross-sectoral citizens' projects;

·  Action 2 will provide "structural support" in the form of grants for think tanks and civil society organisations at a European level or with a European dimension; and

·  Action 3 will provide financial support for high-visibility Commission events, Commission studies, surveys and opinion polls on European citizenship and for information and dissemination tools (such as an internet portal).

6.11 The Commission proposes the joint use of Articles 151 and 308 of the EC Treaty as the legal base for the proposal. Article 151 would provide the base for the cultural element in the proposal, while Article 308 would provide the legal basis for the rest of it.

6.12 The Commission staff working paper accompanying the draft Decision includes an impact assessment. This outlines the Commission's view of the problems it faces in promoting active European citizenship. It also discusses the consultation process it has held with stakeholders and the public (through on-line consultation). It then assesses various risks and impacts of the draft Decision (social, economic and environmental) and the proposed funding arrangements.

6.13 The Commission says in its Impact Assessment that no evaluation results are yet available for the existing "active European citizenship" programme because it is "still relatively new", but that an external evaluation report on the current programme, covering 2004 to 2006, is to appear before the end of 2006 and a draft should be available before then.[17]

The Government's view of the draft Decision

6.14 The Secretary of State for Culture, Media and Sport (Tessa Jowell), in her Explanatory Memorandum of 8 June 2005, states that the types of activity provided for in the proposal have had European Union funding for some time. She notes that there is widespread support amongst Member States for the main aims of the proposal. There is also support for many of the specific actions within it, especially town twinning (for which it is the only dedicated source of funding) and supporting citizens' projects. Wide dissemination of the benefits as well as the focus on some specific target groups is also welcomed by Member States. She adds that the proposal is in accordance with the principle of subsidiarity.

6.15 The Secretary of State does, however, indicate that there is little mention of the expected impacts of the new programme (except in terms of outputs) or evidence from the current programme supporting the Commission's proposal, and no evidence on the need for a doubling of funding.

6.16 The Government states that, although Article 308 was used to set up the current programme, the "additional provisions in the proposed new programme will necessitate a further look at the argument for 308 as part-legal base in this case". However, it says that the use of Article 151 and 308 together is acceptable to the UK because the procedure under each Article requires the Council to act unanimously.

Conclusions

6.17 The previous Committee was told by the Government that it had obtained assurances from the Commission that an evaluation of the 2004-06 programme would accompany any proposal to extend it. It was also promised that Departments would provide full explanations in any case where such an evaluation was not carried out.

6.18 We consider it unacceptable that the Commission has failed to honour the assurances given, and has instead proposed a greatly expanded programme without awaiting any evaluation of the existing one and without evidence about the effectiveness of the expenditure proposed.

6.19 We also consider it unacceptable that the Secretary of State's Explanatory Memorandum makes no mention of the earlier assurance and merely refers in one paragraph to the lack of evidence from the current programme. The Government has not, therefore, provided the explanation it promised. We ask the Secretary of State why she provided no explanation in her Explanatory Memorandum, and we also ask her to find out from the Commission why it did not honour the assurances it gave.

6.20 We will expect the Government to oppose this programme until such time as an external evaluation of the existing programme demonstrates its effectiveness. We welcome the fact that the Council will look closely at the proposed support for European think-tanks.[18]

6.21 Like our predecessors, we are concerned about the use of Article 308 as part of the legal basis for this proposal. We ask the Government to re-examine the argument for the use of Article 308 and to explain to us the concerns raised by other Member States about combining Articles 151 and 308.

6.22 We also ask the Secretary of State to provide us with the full Regulatory Impact Assessment once it has been completed.

6.23 Meanwhile, we shall continue to hold the document under scrutiny.


17   Page 7 of the Impact Assessment. Back

18   See HC 42-v (2003-04), para 16 (14 January 2004). Back


 
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