Select Committee on Transport First Report


3  EU decision-making processes - effects on the Galileo outcome

The pressure on Council for fast decisions

70. The Minister told the Committee that the documents intended to form the basis of discussion and possible decisions at the Transport Council on 1&2 October were published only on 19 September. This was too late for substantive discussion at the Council and, also too late for the UK to agree to a way forward on the basis of that communication without breaching the Scrutiny Reserve Resolutions.[107]

71. However, under pressure from the European Commission, which has stated repeatedly that a decision needs to be made before the end of 2007, and with the added pressure of the 2008 budget conciliation procedure with Parliament rumbling along in the background (see below), the Transport Council did agree that an integrated decision on the future of the project and its finance should be taken before the end of the year.[108]

72. The sense of urgency is perhaps understandable, but given the amount of work that the Commission and the working groups now set up by Council to work with the Commission on cost benefit analyses and risks have to do,[109] this time frame looks unrealistic. The chances of Galileo successfully achieving the sorts of benefits that the European Commission expects continue to decline with every passing month. However, the Commission has failed to match its own language of urgency with urgent action. The failure to produce a solid analysis, including a robust and independent cost-benefit analysis in time for Ministers to make well-founded decisions within the deadlines set by the Commission itself is frankly negligent.

73. The Government must work hard to ensure that no decision on the future of the Galileo programme or on its funding is made before all the options have been properly appraised. The United Kingdom, and the European Union, would be better served by delaying the decision on the future of Galileo until such a time as the Commission is able to put rigorous and comprehensive evidence and analyses on cost and benefits before Council and the Parliament. A further delay would clearly be preferable to a hasty decision based on unfounded speculation and wishful thinking.

Council decisions by QMV

74. The Government does not have the possibility of delaying or vetoing the Galileo programme on its own. In the Council of Transport Ministers, the decision to proceed will be taken by Qualified Majority Voting (QMV).[110] The EcoFin Council of Economic and Finance Ministers will also decide by Qualified Majority whether or not to allow the Financial Perspective to be re-opened so as to re-allocate funds from the agriculture and administration budgets to Galileo in the manner proposed by the Commission.[111] The Government indicated to us that, at the Transport Council in early October, several other Member States had expressed serious concerns about the re-opening of the Financial Perspective. At that time, this group of countries numbered sufficient Member States to form a blocking majority.[112] However, given that many countries in this group oppose the principle of re-opening the Financial Perspective, but not the sum of money requested, or the continuation of the Galileo project, a blocking majority may not necessarily remain if compromise proposals come on the table.[113]

75. The EcoFin Council of Economic and Finance Ministers can decide about re-allocations between headings within the Financial Perspective as long as the total sum does not exceed 0.03% of EU Gross National Income (GNI) by a Qualified Majority of Members States.[114] Given the past pattern of Galileo cost increases, it is not inconceivable that, even with the vast injection of funding currently proposed, Galileo might hit the financial buffers on one or more future occasions before becoming fully operational. It is not clear that there are safeguards to prevent the Commission from coming back repeatedly to ask for more money to be transferred to Galileo from other budget headings whenever financial collapse beckons. There appears to be a very real risk that multiple QMV decisions to transfer money to Galileo could result in transfers to Galileo totalling more than the 0.03% of EU GNI, the threshold which would trigger unanimity decision-making in Council. It should also be borne in mind that, seen from the Commission's perspective, a quick decision that allows the Galileo programme to proceed into the production phase might be much preferable to a long drawn-out battle to get a bigger budget in one go. Whilst we have no evidence that this has happened so far, the temptation for the Commission to submit unrealistically low cost estimates in order to get a quick positive decision under QMV could pose a remote but serious risk to the integrity, validity and prudence of decisions made.

76. Given the uncertainty surrounding the likely final cost of the project, the fact that the budget increase required on this occasion has fallen short of the 0.03% threshold which would trigger the unanimity procedure might be viewed with a degree of scepticism. We recommend that the UK Government strongly resist any attempt to smuggle major budget increases through as a series of incremental changes taken under QMV.

77. The Minister noted the likelihood that the decision on the future of Galileo may end up on the agenda for the European Council of Heads of State and Government in December.[115] We recommend that the Government push for any decision on the future of Galileo to be made unanimously by Heads of State and Government at a European Council. It is neither reasonable nor democratic for decisions of such magnitude and cost to be taken by QMV in individual Councils of Ministers. Furthermore, a very important principle is at stake when deciding whether or not to re-open the Financial Perspective. This decision in itself could have very significant consequences for the Community, and therefore merits unanimity.

The role of the European Parliament

78. The decision on Galileo and the re-opening of the Financial Perspective does not fall to Council alone. Transport policy is subject to co-decision whereby Parliament and Council are equal partners in the decision-making process. The Budgetary Authority of the European Union is also made up of the Council and the European Parliament jointly. In some policy areas, the two institutions have equal say on budget provisions, whilst Council has the final say on funds in other areas.[116] The budget heading to which Galileo belongs is decided equally by Council and the European Parliament, but the Council has the final say in decisions under the Agriculture heading,[117] because this is categorised as compulsory expenditure. This point is important because the Commission proposal would see funds transferred from the agriculture budget to the Galileo programme.

79. On 25 October 2007, the European Parliament voted to give the draft general budget of the European Union for 2008 its First Reading. The Parliament amended the 2008 budget, increasing the 2008 funding for Galileo from €151 million to €890 million in commitments, contingent on the relevant change in the Financial Perspective being made.[118] The increase voted through by the Parliament falls €50 million short of the full amount for 2008 requested by the Commission in its proposal to re-open the Financial Perspective 2007-13.[119] After the vote, a press release from the European Parliament stated that:

    "The [European Parliament] wants Galileo to be funded wholly by the Community and upholds the Commission's proposal requesting a revision of the financial perspective to provide adequate financing for Galileo […] over the 2007-2013 period. The Galileo project could fail unless sufficient funding is provided. The funding level proposed by the Council in its first reading (€151m in commitments), is regarded as utterly inadequate by both MEPs and the Commission (which in September put forward a new funding plan). […] By their vote, MEPs clearly affirmed their request for a revision of the medium-term financial planning."[120]

80. The European Parliament acknowledged that differences of opinion exist between itself and the Council on the financing of Galileo, and notes that these differences will be the subject of conciliation negotiations on 23 November 2007. The 2008 EU budget needs to be approved and signed in Strasbourg in December.[121] The Parliament's position on the 2008 budget adds significant pressure to the process of deciding the future of the Galileo project. The fact that Galileo funding is part of the (urgent) process to finalise the 2008 EU budget, along with the European Parliament's position on it greatly increases the pressure on the Council of Ministers to reach a decision on Galileo fast. Given the affection with which many Member State Governments view the Galileo programme, and the general willingness to increase the funding for it, it appears unlikely that a qualified majority of Member States would risk bringing the 2008 EU budget into jeopardy in order to uphold financial discipline and prudence on the Galileo project.

81. Furthermore, the sheer complexity of a process whereby the decision on Galileo has to be reached not only through negotiation between 27 Member States, but also through conciliation and compromise between Council and the European Parliament increases the risk that Galileo will simply become part of the gigantic web of 'give and take' between different countries and different EU bodies. The real danger is that no person or body will take the ultimate responsibility for such a momentous decision and spending commitment.

82. The process for reaching a decision on the future of Galileo and its funding is impenetrably complex. We fear that this complexity, along with the fact that the Galileo decision is now caught up in the negotiations on the 2008 EU budget, is creating an unstoppable momentum for a very expensive decision that is not supported by any robust evidence. We are deeply concerned that, with no one individual or body taking ultimate responsibility for a decision of this magnitude, a path of least resistance will simply be taken. This path is rapidly becoming a decision to proceed with and fund Galileo in the manner proposed by the European Commission in September. The Galileo train appears to have left the station without a qualified driver or anyone to apply the brakes. It would be a shameful indictment of EU decision-making if our worst fears were vindicated.


107   Q1;.The text of the Commons Scrutiny Reserve Resolution of 17th November 1998 is published with the Standing Orders in the Public Business, HC 405 of Session 2006-07, p. 163. Back

108   Q1 and Q17 Back

109   Q26 and Q28 Back

110   Q3 Back

111   HM Treasury: Explanatory Memorandum on European Community Legislation: Commission Proposal for a decision of the European Parliament and the Council on amending the interinstitutional agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multi-annual financial framework, Council number 13237/07 COM(2007) 549 Final, pp 1 and 5 Back

112   Qq 3-4  Back

113   Qq 79-80 Back

114   Qq 5-7; See also: Letter from the Secretary of State for Transport, Rt Hon Ruth Kelly MP (not yet published) Back

115   Q1 and Q4 Back

116   European Parliament web-site: section on Powers Error! Bookmark not defined.  Back

117   Heading II in the Financial Perspective "Preservation and Management of Natural Resources" (effectively agriculture) is categorised as "compulsory expenditure" which means that the Council has the final say on the budget for the area. Back

118   European Parliament resolution of 25 October 2007 on the draft general budget of the European Union for the financial year 2008, Section III - Commission (C6-0287/2007 - 2007/2019(BUD)) and Letter of amendment No 1/2008 (13659/2007 - C6-0341/2007) to the draft general budget of the European Union for the financial year 2008, section 5 Back

119   HM Treasury: Explanatory Memorandum on European Community Legislation: Commission Proposal for a decision of the European Parliament and the Council on amending the interinstitutional agreement of 17 May 2006 on budgetary discipline and sound financial management as regards the multi-annual financial framework, Council number 13237/07 COM(2007) 549 Final, p 3 Back

120   European Parliament press release: European Parliament completed its first-reading vote on the 2008 draft budget - 25 October 2007 See: Error! Bookmark not defined.  Back

121   IbidBack


 
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Prepared 12 November 2007