Select Committee on European Scrutiny Twenty-Fifth Report


12 Economic and social cohesion

(a)

(25864)

11606/04

COM(04) 492

(b)

(25856)

11688/04

COM(04) 495

(c)

(27217)

13531/05

COM(05) 523

(d)

(25854)

11637/04

COM(04) 494

(e)

(27413)

8216/06


(f)

(27414)

8218/06


(g)

(27422)

8219/06


(h)

(27412)

7177/06


Draft Regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund

Draft Regulation on the European Regional Development Fund



Amended draft Regulation on the European Social Fund



Draft Regulation establishing a Cohesion Fund



Draft Regulation laying down general provisions on the European Regional Development Fund, the European Social Fund and the Cohesion Fund — Presidency compromise

Draft Regulation on the European Regional Development Fund



Draft Regulation on the European Social Fund (ESF) — Presidency compromise


Draft Regulation establishing a Cohesion Fund — Presidency compromise

Legal base(a) and (e) Article 161 EC; assent; unanimity

(b) and (f) Article 162 EC; co-decision; QMV

(c) and (g) Article 148 EC; co-decision; QMV

(d) and (h) Article 161 EC; assent; unanimity

Deposited in Parliament(e) (f) and (h) 12 April 2006

(g) 11 April 2006

Department(a), (b),(d), (e), (f) and (h) Trade and Industry

(c) and (g) Work and Pensions

Basis of consideration(e), (f) and (h) EM of 11 April 2006

(g) EM of 18 April 2006

Previous Committee Report(a), (b) and (d) HC 42-xxxii (2003-04), para 10 (13 October 2004)

(c) HC 34-xviii (2005-06), para 11 (8 February 2006

(e) to (h) None

To be discussed in Council(e) to (h) 25 April 2006
Committee's assessmentPolitically important
Committee's decisionCleared

Introduction

12.1 In March 2004, the previous Committee considered the Commission's Third Report on Economic and Social Cohesion.[24] It set out the Commission's proposals for cohesion policy and expenditure for 2007-13. It was debated on the Floor of the House in June 2004.[25]

12.2 In October 2004, the previous Committee considered the first drafts of four Regulations (documents (a), (b) and (d) and the previous draft of document (c)) to give effect to the Commission's proposals for the objectives, financing and management of the Structural and Cohesion Funds during the next Financial Perspective.

12.3 The Government told the previous Committee that it was opposed to two aspects of the Commission's proposals:

  • First, the Commission proposed that the budget for the Structural and Cohesion Funds should be increased from €257 billion for 2000-06 to €336.3 billion for 2007-13. The proposed budget was inconsistent with the view of the UK government and the governments of five other Member States that the EU's total budget for 2007-13 should not exceed 1% of the EU's Gross National Income.
  • Second, the Commission proposed that financial assistance from the Funds should be allocated broadly 50:50 between projects in the new and older Member States, with a significant amount of the money going to the richer Member States and regions.

12.4 The previous Committee decided to keep the first drafts of the Regulations under scrutiny pending progress reports on the negotiations and the settlement of the budgets of the Structural and Cohesion Funds.[26]

12.5 In February, we considered document (c), a revised draft of the Regulation to establish the European Social Fund for 2007-13. It incorporated the amendments the Commission proposed in the light of the European Parliament's first reading of the draft Regulation.[27] The Government welcomed the amended draft.

12.6 Documents (e) to (h) are revised drafts of documents (a) to (d) and supersede them.

Legal background

12.7 Article 2 of the Treaty establishing the European Community (the EC Treaty) lists among the Community's tasks the promotion of "economic and social cohesion and solidarity among Member States".

12.8 Article 158 of the EC Treaty provides that "the Community shall aim at reducing disparities between the levels of development of the various regions and the backwardness of the least favoured regions or islands, including rural areas". Article 159 says that the Community is to support the achievement of these objectives through, among other things, the Structural Funds, which include the European Regional Development Fund and the European Social Fund. Article 161 requires the Council to define the objectives and organisation of the Structural Funds and the general rules applicable to them.

12.9 Article 160 of the EC Treaty provides that the European Regional Development Fund (ERDF) is intended "to redress the main regional imbalances in the Community through participation in the development and structural adjustment of regions whose development is lagging behind and in the conversion of declining industrial regions". Article 162 requires the Council to take decisions to implement the ERDF.

12.10 Article 146 of the EC Treaty establishes the European Social Fund (ESF) "to improve employment opportunities for workers in the internal market and to contribute thereby to raising the standard of living".

12.11 The Cohesion Fund, established under Article 161 of the EC Treaty, provides financial contributions to environmental projects and trans-European transport infrastructure networks.

Document (e)

12.12 Document (e) ("the General Regulation") contains general provisions for the ERDF, ESF and Cohesion Fund.

12.13 It provides that the total budget for the three Funds for 2007-13 would be €307.6 billion. The annual commitment appropriations would rise from €42.8 billion in 2007 to €45.2 billion in 2013.

12.14 The Funds would contribute to the achievement of three objectives:

  • Convergence (funded from the ERDF, ESF and Cohesion Fund);
  • Regional competitiveness and employment (funded from the ERDF and ESF); and
  • Territorial co-operation (funded from the ERDF).

12.15 The aim of the Convergence objective would be to speed up economic growth and employment in the least developed regions by, for example, investment in transport, energy, health, education and environmental infrastructure projects. €251.3 billion (81.7%) of the total budget of the Structural and Cohesion Funds would be allocated to this objective. Regions with a per capita Gross Domestic Product (GDP) of less 75% of the average GDP of the EU would be eligible for "Convergence" assistance from the ERDF and ESF. (Regions with a per capita GDP of more than 75% of all the Member States but with less than 75% of the average of the 15 older Member States (the EU 15) would be eligible for decreasing transitional support.) Member States with a per capita GDP of less than 90% of the EU average would be eligible for convergence assistance from the Cohesion Fund.

12.16 The aim of the Regional competitiveness and employment objective would be to provide funding from the Structural Funds for regions not eligible for Convergence assistance in order to deal with the difficulties caused by, for example, industries or urban areas in decline and rural areas with highly dispersed or ageing populations. €48.7 billion (15.8%) of the total budget of the Structural and Cohesion Funds would be allocated to this objective. Financial assistance would be given to regional programmes for, for example, R&D and innovation, the rehabilitation of contaminated land, public transport and telecommunications.

12.17 The aim of the European territorial co-operation objective would be to strengthen cross-border co-operation through local initiatives to promote joint solutions, such as flood prevention and investment in cross-border transport infrastructure, to common problems. €7.5 billion (2.4%) of the total budget would be available for this objective.

12.18 The Council would set Community-wide strategic guidelines on economic, social and territorial cohesion. The guidelines would define the framework for intervention from the Funds between 2007-13. Each Member State would be required to draw up a "national strategic reference framework". The national framework would cover 2007-13, be consistent with the Council's guidelines and show the links between the Community's priorities and those of the Member State. The Commission and Member States would have duties to provide annual reports on the implementation of national frameworks and progress towards achieving the Community's objectives for competitiveness and employment.

12.19 Document (e) sets out the responsibilities of the Commission and Member States for the management, monitoring and control of the Funds. It also specifies the maximum proportion of the cost of a project which may be met from the Funds.

Documents (f) and (h)

12.20 The revised drafts of the Regulation on the European Regional Development Fund and the Regulation to establish the Cohesion Fund supplement the General Regulation by making detailed provision on the purpose and management of the two Funds and the financial assistance they may provide.

The Government's view on documents (e), (f) and (h)

12.21 The Minister of State at the Department of Trade and Industry (Malcolm Wicks) tells us that Member States have now reached agreement on all but some small technical details. Documents(e), (f) and (h) keep to the original aims of the Commission's proposals, including decentralising responsibilities to Member States and simplifying the arrangements for managing the programmes.

12.22 The Minister says that:

    "The European Council of 15-16 December 2005 agreed the next EC budget for the 2007-13 Financial Perspective. As part of the package, the Member States reached agreement on future Structural and Cohesion Funds spending for the 2007-13 budgetary cycle … The agreement is subject to an Inter-Institutional Agreement with the European Commission and the European Parliament."

12.23 The Minister notes that the Government had argued that continued financial assistance from the Funds to regions in the richer Member States might not provide sufficient added value to justify Community action. He adds, however, that:

    "The Government has been unsuccessful in fully convincing the Council of this view, but welcomes the fact that, as a result of the December European Council agreement, a greater proportion of Structural Funds will now go to the new Member States, and that the new Regulations will improve the added value of spending by the Funds.

    "The ten new Member States together with Bulgaria and Romania will receive a total of €158 billion in Structural Funds, a more than 250% increase in their Structural Funds receipts from an average of €7 billion per annum during the 2004-06 period to an average of €19 billion per annum in the 2007-13 period. The older EU Member States (the EU 15) will face reductions in spending compared with current levels."

12.24 The Minister tells us that the agreement on the budget for the Funds and the amendments to the provisions in the draft Regulations about management of the Funds represent a significant improvement on the Commission's original proposals. He gives example, such as:

    "The Commission originally proposed that it should exercise strong and discretionary powers of financial control, allowing it to make judgements on withholding funds based only on doubts and suspicions. The UK has succeeded in limiting this discretion and ensuring a greater reliance on evidence, while supporting moves towards discipline and best practice in financial management."

Similarly, the Government has succeeded in simplifying the requirements for national strategic reference frameworks and in avoiding a requirement for Member States to obtain the Commission's approval of national frameworks.

12.25 The Minister says that the UK will receive about €2.6 billion in Convergence funding for its poorest regions. Cornwall, West Wales and the Valleys will receive full Convergence funding, while the Highlands and Islands will receive phasing-out funding. The UK will also receive €6.2 billion in Competitiveness funding for other regions. South Yorkshire and Merseyside will receive phasing-in funding. The Government will agree with the Commission how the UK's remaining Competitiveness funding should be allocated. Finally, the UK will receive €0.6 billion in Co-operation funding; again, the allocation will need to be agreed between the Government and the Commission.

12.26 Figures for the precise amounts that UK regions will receive are not yet available.

Document (g)

12.27 The revised draft Regulation on the European Social Fund supplements the proposed General Regulation with proposals specific to the ESF.

12.28 It provides that assistance from the ESF would be available only in support of the Convergence and regional competitiveness and employment objectives. The purpose of the ESF would be to strengthen economic and social cohesion by supporting Member States' policies aimed at achieving full employment, improving the quality of work and productivity, promoting social inclusion and reducing regional employment disparities.

The Government's view on document (g)

12.29 The Parliamentary Under-Secretary of State at the Department for Work and Pensions (Mr James Plaskitt) tells us that, since we considered document (c) in February, further amendments have been agreed between Member States at official level. They have been incorporated in document (g). He says that the amendments clarify and improve the draft Regulation but do not have significant policy or financial implications. They include, for example, an additional reference to the Community's Integrated Guidelines for Growth and Jobs and changes to make the text on indicators and reporting arrangements consistent with the provisions of the General Regulation.

12.30 The Minister says that the Government welcomes document (g). It focuses the European Social Fund on supporting Member States' policies within the framework of the European Employment Strategy and the Lisbon Strategy for Growth and Jobs. He adds that it "will allow ESF funding for the UK to be used to add value to our domestic employment and skills strategies".

Conclusion

12.31 We clear documents (a) to (d) because they have been superseded by the Presidency's revised drafts of the Regulations.

12.32 We share the Government's view that the revised drafts clarify and improve the Regulations without introducing significant changes to the policy or financial arrangements. We welcome, for example, the omission from document (e) of the requirement for Member States to obtain the Commission's approval of their national strategic reference frameworks.

12.33 We note that the budgets for the Structural and Cohesion Funds cannot be finally settled until an Inter-Institutional Agreement has been reached between the Council, the Commission and the European Parliament. We are, however, content to clear documents (e) to (h) on the understanding that scrutiny would be re-opened if the inter-institutional negotiations were to lead to a significant revision of the budgets agreed by the European Council last December.


24   See (25423) COM(04) 107: HC 42-xv (2003-04), para 38-69 (24 March 2004). Back

25   HC Deb, 15 June 2004, cols.702-748. Back

26   See (25864) 11606/04: HC 42-xxxii (2003-04), para 10 (13 October 2004). Back

27   See (27217) 13531/05: HC 34-xviii (2005-06), para 11 (8 February 2006). Back


 
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Prepared 26 April 2006