Select Committee on European Scrutiny Thirty-First Report


11 Financing the implementation of the Common Fisheries Policy

(26502)

8142/05

COM(05)117

+ ADD 1

Draft Council Regulation establishing Community financial measures for the implementation of the Common Fisheries Policy and in areas of the Law of the Sea

Commission Staff Working Paper: Annex to the draft Council Regulation establishing Community financial measures for the implementation of the Common fisheries Policy and in areas of the Law of the Sea — Extended Impact Assessment

Legal baseArticle 37EC; consultation; QMV
DepartmentEnvironment, Food and Rural Affairs
Basis of considerationMinister's letters of 22 May 2006 and 8 June 2006
Previous Committee ReportHC 34-i (2005-06), para 12 (4 July 2005) and HC 34-x (2005-06), para 7 (16 November 2005)
Discussed in Council22 May 2006
Committee's assessmentPolitically important
Committee's decisionCleared

Background

11.1 Following the publication in May 2002 of the Commission's "Roadmap" Communication[39] and other related documents, the Council agreed at the end of that year certain reforms of the Common Fisheries Policy (CFP). These were based upon a number of fundamental principles, which been given legal effect by the Council, most notably in Regulation (EC) No. 2371/2002 on the conservation and sustainable exploitation of fisheries resources,[40] but they also require a number of other measures, many of which expire at the end of 2006. The Commission therefore put forward in April 2005 this draft Regulation which is intended both to provide a legal basis for Community financial assistance during the period of the new financial perspectives (2007-13), and to bring this within a single measure, alongside that put forward in July 2004 for the financing of structural measures through the European Fisheries Fund.[41]

11.2 In doing so, the Commission noted that, since the main objectives of the CFP had been established in the course of the 2002 reforms, their economic, social and environmental implications had already been assessed, and it suggested that the crucial objective now was to ensure that any financial contributions by the Community in these areas was streamlined and effective. In particular, it proposed setting specific objectives covering control and enforcement, data collection and improvement of scientific advice, governance of the CFP, and international co-operation, and it also set out the more detailed measures in each of these areas which would be eligible for Community funding. The proposal also suggested that expenditure of €375 million should be provided in each of the years from 2007 to 2013, making a total of €2,625 million over the period in question.

11.3 In our Report of 4 July 2005, we noted that the Government had welcomed the proposal to bring together all the various components of the CFP, apart from the European Fisheries Fund, in a single framework, but had pointed out that the proposed expenditure of €2.6 billion formed part of the €7.8 billion overall budget for European fisheries, which in turn was part of a package of measures related to Community spending for 2007-13, for which the Commission had proposed a budget of 1.24% of Community GNI. This compared with the view taken by the UK (and others) that the Community's priorities can be funded by a budget stabilised at 1% of GNI, and the Government had pointed out that the budgets for agriculture and fisheries would need to be consistent with this latter figure.

11.4 We said that, for that reason alone, we thought it right to continue to hold this document under scrutiny, pending further developments on the overall budgetary ceiling, noting also that, for certain detailed aspects of the proposal, much would in any case depend upon decisions yet to be taken. In the meantime, we also sought further information on two aspects of the proposal, on which we reported again to the House on 16 November 2005, following a letter we had received from the Minister for Local Environment, Marine and Animal Welfare at the Department for Environment, Food and Rural Affairs (Mr Ben Bradshaw).

Minister's letter of 22 May 2006

11.5 We subsequently received a letter of 22 May 2006 from the Minister, in which he said that several discussions had taken place at official level in Brussels, in the light of which the Austrian Presidency had produced a final compromise proposal, which had been scheduled for political agreement as an A point at the Agriculture and Fisheries Council due to be held on 22 May. In informing us of this situation, he added that "it is clearly desirable for this proposal to be adopted by the Council and unfortunate that [the] scrutiny procedure could not be completed in time". Since this was one of a number of matters coming before that Council where we were in effect being asked to accept an over-ride of the Parliamentary scrutiny reserve, we decided to ask the Minister for an explanation of this before reporting the latest situation to the House. We also asked him to indicate what budgetary provision had been agreed, this being a point we had highlighted in our Report of 16 November 2005, but which had not been addressed in his latest letter.

Minister's letter of 8 June 2006

11.6 We have now received from him a further letter of 8 June, in which he says:

    "This item was adopted as an A point at the Council on 22 May. After tabling of a Presidency compromise in March, agreement in principle to a compromise was reached in COREPER in April. However, a definitive text was not available until 16 May and was subsequently revised on 18 May. Any update provided to you before this date would have been provisional pending the publication of the text for agreement; I believed it would be better to wait to provide confirmed information, which I attached to my letter of 18 May. Further to that letter, it is worth noting that, unlike the European Fisheries Fund, the final budgetary provision is not included in the Regulation itself. However, according to the IIA adopted on 18 May, the relevant budget line "other fisheries programmes/actions" has a budget of €2.3 billion for the period 2007-2013 in 2004 prices. As under previous budgetary frameworks, individual decisions on expenditure on elements covered by the Regulation will need to be taken on the basis of separate Commission proposals."

Conclusion

11.7 We are pursuing separately with the Minister the implications of his comments on the need in this instance to over-ride the Parliamentary scrutiny reserve. However, in the light of the information he has provided on the substance of this document, which has in any case now been adopted by the Council, we are clearing it.


39   (23511) COM (02) 181: see HC 152-xxxv (2001-02), para 1 (3 July 2002) and HC 152-xxxviii (2001-02), para 2 (16 October 2002). Back

40   OJ No. L358, 31.12.2002, p.59. Back

41   See (25861) 11493/04: HC 42-xxxii (2003-04), para 6 (13 October 2004). Back


 
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