Select Committee on European Scrutiny First Report


13 Food prices: the EU and developing countries

(29865) 11983/08 COM(08) 450 Draft Regulation: Facility for rapid response to soaring food prices in developing countries

Legal baseArt 179 and 251 EC; QMV; co-decision
Deposited in Parliament23 July 2008
DepartmentInternational Development
Basis of considerationMinister's letter of 28 November 2008
Previous Committee ReportHC 16-xxix (2007-08), chapter 4 (10 September 2008) and HC 16-xxxiv (2007-08), chapter 5 (5 November 2008)
To be discussed in Council16 December 2008 Economic and Financial Council
Committee's assessmentPolitically important
Committee's decisionCleared; further information requested

Background

13.1 Encouraged by the European Council and the European Parliament, and fearful of the impact not only on the developing countries themselves but also on the prospects of achieving the UN Millennium Development Goals, in July, the Commission proposed a two-year facility to help those countries combat soaring food prices. The Commission noted that high food prices would contribute to a €1 billion (£0.789 billion) CAP under-spend in 2008 and 2009. Using UN figures, the Commission estimated that the financing need for 2008-9 will be €18 billion (£14.2 billion); given the Community average of financing 10 per cent of worldwide development cooperation, the Community would finance €1.8 billion (£1.42 billion). With €800 million currently available from other instruments, it was envisaged that the remaining €1 billion would come from the CAP under-spend.

13.2 In his covering Explanatory Memorandum of 28 August 2008, the Secretary of State (Mr Douglas Alexander) supported the principle of collective EU action to address the situation but not the proposal in its current form. He welcomed the objective of encouraging a positive supply response from farmers in developing countries in the short to medium term. But, as well as acting to prevent loss of life of the most vulnerable, the Secretary of State also believed that investing in agriculture and rural development was essential.

13.3 Moreover, the Government also objected to the proposed use of under-spend for this purpose on Budget discipline grounds. Noting that under-spend was normally returned to Member States, and argued that the budget margins should be kept for unforeseen needs or programmes in-year and not used for new proposals that are not programmed into the Financial Framework, the Secretary of State said that several other Member States, including Germany, the Netherlands and Sweden, shared UK concerns; he would work with other Member states to ensure that alternative proposals and financing mechanisms were fully explored to allow for a collective EU response that would grant additional resources as part of an overall increased effort to ensure the MDGs are met; the government would also continue to argue — "as asserted by the Chancellor and a number of Finance Ministers at ECOFIN in July" — that financial aspects of any new proposals with important cost implications for Member States should be fully discussed and agreed by Finance Ministers in ECOFIN before a final decision on proposals as a whole could be taken.

13.4 Recalling the Government commitment to UK aid reaching 0.7% of Gross National Income by 2013, with part of this to be spent on food and agriculture, the Secretary of State also noted that any UK share of a Commission or similar proposal would come from DFID's existing, enhanced, budget allocation. If an alternative proposal for a food facility were to be developed which would be effective in leveraging additional resources from others as part of an overall increased effort to ensure the MDGs were met, without compromising the principle that EC Budget under-spend should normally be returned to Member States, he said that he might support it; but he would need to be convinced that using existing aid programme funds for this purpose would deliver better development outcomes than alternative uses of these resources. The Secretary of State further noted that the proposed use of budget under-spend would represent a cost to Member States, the UK share of which would be around 15% or about £120 million (spent over three years, from DFID's existing budget allocation).

13.5 Finally, on the timetable, the Secretary of State said that in order to use the unspent funds, the Commission required the regulation to come into force by end of 2008; and that co-decision would require agreement at first reading by November 2008.

13.6 The Secretary of State clearly outlined his objections to the proposal in its current form, and noting that deliberations on the Regulation would begin on 25 August in the EP Development Committee and among Member States on 4 September. The Committee said that it would not expect him to agree any revised proposal without further scrutiny, asked that he keep the Committee informed of the progress of these discussions, and in the meantime retained the document under scrutiny.[41]

13.7 In his letter of 31 October 2008, the Secretary of State said that it now seemed unlikely that the original plan to use CAP surpluses would be approved, given Member States' opposition, and that "Council committees continue to look for ways to find the necessary funds including through contingencies reserves and reprioritisation of existing budgets." Meanwhile, he says:

"… discussions continue around the best way to programme the resources to meet needs. HMG believes that to ensure sustainability, the €1 billion (£0.79 billion) should be used on a mix of immediate measures (e.g. seeds & fertilisers) and other complementary measures which support medium and long-term sustainability."

13.8 The Secretary of State went on to say that the European Parliament had suggested a number of substantive amendments to the original proposal, which included "the setting of firm criteria for the choice of countries to benefit". The Secretary of State agreed with this amendment, as it would indicate which countries were eligible and add flexibility whereby some countries would move out — graduate from needing support — and others could move in when they needed support; principles and indicators for setting the criteria should, however, be tight so "politicised choices" were "easily taken out of discussion". However, as long as a fixed list of criteria was agreed, the Secretary of State did not see a need to set an arbitrary limit to the number of countries which could be eligible for assistance under the facility, as proposed by the European Parliament. But the Secretary of State did agree with the European Parliament's amendment proposing the broadening of the number of channels and beneficiaries, which he said should include channels such as the World Bank, international NGOs and "good Direct Budget Support where the Governments concerned explicitly identify strategies for addressing high food prices and targeting the vulnerable". He did not support European Parliament's further amendment of imposing an arbitrary 40% limit on the level of support channelled through international organisations, his view being that "the criteria for choosing the channels for distributing the funds should be the potential for effective and efficient implementation".

13.9 For our part, we noted that, although the main objection no longer obtained, the Secretary of State had nonetheless made plain his objections to certain aspects of the EP amendments. Moreover, it was also not clear at this stage how, and to what extent, the revised proposal met his main criterion — that an alternative proposal for a food facility should leverage additional resources from others as part of an overall increased effort to ensure the MDGs are met. We asked if the immediate measures consisted of expenditure on seeds and fertilisers, or whether some would be spent on food imports, and how much of the €1 billion would come from "contingencies reserves and reprioritisation of existing budgets". We also asked how much would come from "channels such as the World Bank, international NGOs and good Direct Budget Support where the Governments concerned explicitly identify strategies for addressing high food prices and targeting the vulnerable" and if any would come from DFID's budget. In the meantime, we continued to retain the document under scrutiny and said that we would not expect the Secretary of State to agree to any revised proposal until he had reported to us again with the answers to these questions and the outcome of the ongoing discussions about funding and the European Parliament's proposed amendments.[42]

The Secretary of State's letter of 28 November 2008

13.10 The Secretary of State for International Development (Mr Douglas Alexander) encloses a copy of the revised Regulation with his letter of 28 November 2008, the essential elements of which are summarised below.

THE REVISED DRAFT REGULATION

13.11 The primary objectives of the assistance and cooperation under this Regulation shall be to:

—  encourage a positive supply response from the agricultural sector in target countries and regions;

—  support activities to respond rapidly and directly to mitigate the negative effects of volatile food prices on local populations in line with global food security objectives, including UN standards for nutritional requirements; and

—  strengthen the productive capacities and the governance of the agricultural sector to enhance sustainability of interventions.

13.12 A differentiated approach shall be pursued "depending on development contexts and impact of volatile food prices …. so that target countries or regions and their populations are provided with targeted, tailor-made and well adapted support, based on their own needs, strategies, priorities and response capacities." Measures supported under this Regulation shall be coordinated with those supported under other instruments, including those concerning humanitarian aid,[43] development cooperation[44] and stability,[45] and the ACP-EU Partnership Agreement "so as to ensure continuity of cooperation, in particular as regards the transition from emergency to medium- and long-term response." Taking into account the specific country-level conditions, supporting measures that shall be eligible for implementation are:

—  measures to improve access to agricultural inputs and services including fertilizers and seeds, paying special attention to local facilities and availability;

—  safety net measures aiming at maintaining or improving the agricultural productive capacity, and at addressing the basic food needs of the most vulnerable populations, including children; and

—  other small-scale measures aiming at increasing production based on country needs: microcredit, investment, equipment, infrastructure and storage; as well as vocational training and support to professional groups in the agriculture sector.

13.13 Implementation "shall be in line with the Paris Declaration on Aid Effectiveness[46] and the Accra Agenda for Action[47]", and be focused on:

"small and medium-sized farms for family and food-producing agriculture, particularly those run by women, and poor populations most affected by the food crisis, avoiding any kind of distortion of local markets and production; agricultural inputs and services shall as far as possible be locally purchased."

13.14 Entities eligible for funding shall include:

—  partner countries and regions, and their institutions;

—  decentralised bodies in the partner countries, such as municipalities, provinces, departments and regions;

—  joint bodies set up by the partner countries and regions with the Community;

—  international organisations, including regional organisations, UN bodies, departments and missions, international and regional financial institutions and development banks;

—  appropriate Community institutions and bodies and EU agencies;

—  public or parastatal bodies, local authorities and consortia or representative associations thereof;

—  companies, firms and other private organisations and businesses;

—  financial institutions that grant, promote and finance private investment in partner countries and regions;

—  non-State actors operating on an independent and accountable basis; and

—  natural persons.

13.15 Community financing may take the following forms:

—  projects and programmes;

—  budget support, especially sectoral budget support, if the partner country's management of public spending is "sufficiently transparent, reliable and effective, and if the conditions for budget support set out in the relevant geographical financing instrument have been met";

—  contributions to international or regional organisations and international funds managed by such organisations; and

—  contributions to national funds set up by partner countries and regions to attract joint financing from a number of donors, or contributions to funds set up by one or more donors for the purpose of the joint implementation of projects.

13.16 Agreements shall expressly entitle the Commission and the Court of Auditors to perform audits, including document audits or on-the-spot audits of any contractor or subcontractor who has received Community funds. The Commission shall monitor and review activities implemented under this Regulation, where appropriate by means of independent external evaluations, in order to ascertain whether the objectives have been met and enable it to formulate recommendations with a view to improving relevant future development cooperation operations. The Commission shall associate all relevant stakeholders, including non-State actors and local authorities, in the evaluation phase of the Community assistance provided under this Regulation.

13.17 The Commission shall provide the European Parliament and the Council with:

—  a report on the implementation of the measures, including, as far as possible, on the main outcomes and impacts of the assistance provided under this Regulation, no later than 31 December 2012; and

—  in December 2009, an initial interim report on the measures undertaken.

13.18 Both reports "shall pay particular attention to the requirements of the Paris Declaration on Aid Effectiveness and the Accra Agenda for Action."

13.19 The Secretary of State then answers the questions we posed as follows:

"a). Possible leveraging of additional resources from others and whether any would come from DFID's budget and how much of the €1 billion would come from 'contingencies reserves and reprioritisation of existing budgets'

"All outstanding budgetary issues were resolved at the 2009 EU Budget Conciliation discussions between the Council and the European Parliament on 21 November …. The full €1 billion (£0.79 billion) will come from EU contingency reserves and the reprioritisation of existing budgets. No additional bilateral contributions are therefore required to be contributed from Member States, though contributions to the EU budget will increase.

"One of the contingency lines is the Emergency Aid Reserve (EAR). This exists to respond to sudden, unforeseen crises. The budgetary rules allow for Member States to increase the amount available in the Reserve, and it has been duly agreed that a one-off increase of €240 million (£189 million) be made to the 2008 allocation as a contribution to the food facility in addition to €100 million (£79 million) of uncommitted funds from existing resources within the Reserve.

"In summary, the €1 billion (£0.79 billion) will come from:

  • €100 million (£79 million) from the Emergency Aid Reserve comprising €22 million (£17 million) from 2008 and €78 million (£61 million) in 2009.
  • €240 million (£189 million) from the one-off increase in the allocation for the Emergency Aid Reserve for 2008.
  • €420 million (£330 million) from the Flexibility Instrument (a non-oda contingency budget line) in 2009.
  • €240 million (£189 million) reprioritisation from within the External Actions chapter of the EU Budget comprising €70 million (£55 million) in 2009 and €170 million (£134 million) in 2010.

"Thus over €760 million (£598 million) of the €1 billion (£0.79 billion) will represent additional oda in terms of existing commitments within the EU Budget (it is not yet clear how much of the reprioritisation of External Actions will involve existing non-oda commitments).

"The UK share of the cost of the food facility is just under £120 million which will come from DFID's budget. This will not be brought to account for at least two years, and will be manageable within DFID's existing resources.

"Comitology procedures have also been introduced to ensure Member State supervision of spending decisions, and indicative criteria have been set to determine where resources will be spent.

"b). Whether immediate measures consist of expenditure on seeds and fertilizers, or whether some will be spent on food imports

"There are no plans to use the facility's funds for imported food.

"c). Channels

"A wide range of channels for distributing the funds has been included in the draft legislation. The draft also specifies that a 'differentiated approach depending on development contexts and impact of volatile food prices shall be pursued so that target countries or regions and their populations are provided with targeted, tailor-made and well adapted support, based on their own needs, strategies, priorities and response capacities' ".

13.20 On the question of Timing, the Secretary of State says that the European Parliament will vote on the draft legislation on 3 December, and that the Council "will then vote at the 8 December GAERC at which point the Regulation will be fully agreed", the aim being to publish it in the Official Journal (the formal end of the legal process) on or before 31 December 2008, as this is the final deadline if 2008 resources are to be used. It has subsequently been made clear, however, that the Regulation will now be voted on at the 16 December 2008 Economic and Financial Council.

Conclusion

13.21 Although the main objection to the draft Regulation was removed at an early stage, the Secretary of State was plainly sceptical about the proposal unless it was able to leverage additional resources from others as part of an overall increased effort to ensure that the UN Millennium Development Goals were met, and said that he would need to be convinced that using existing aid programme funds for this purpose would deliver better development outcomes than alternative uses of these resources. He also had clearly expressed reservations about certain European Parliament amendments. Given all this and the fact that the draft Regulation has been substantially changed since then, we would have expected him to explain how the revised draft — which continues not to meet his "leverage" criterion — nonetheless sufficiently meets his other objections now to warrant both his general support and the expenditure of just under £120 million from DFID's budget. Indeed, we would have expected a further Explanatory Memorandum, and ask the Secretary of State to ensure that on any future such occasion this is forthcoming.

13.22 That said, it can reasonably be inferred from the Regulation itself that it is now in line with his overall approach. It would appear now to be properly framed in terms of sustainable developmental objectives, focus and implementation mechanisms. It would also appear to contain appropriate provisions on coordination and to ensure proper control of expenditure, evaluation and reporting to the Council and the European Parliament. Even though we lack clear assurances from the Secretary of State on these points, we have no wish to hold up this response to a pressing problem, and therefore clear the draft Regulation.

13.23 We are, however, forwarding this chapter of our Report to the International Development Committee so that they may be aware of these developments.

13.24 We also ask that, in a year's time, the Secretary of State deposits the interim Report along with an Explanatory Memorandum outlining its findings, his views thereon and his assessment of the Regulation's effectiveness thus far.


41   See headnote: HC 16-xxix (2007-08), chapter 4 (10 September 2008). Back

42   See head note: HC 16-xxxiv (2007-08), chapter 5 (5 November 2008). Back

43   Council Regulation (EC) No 1257/96 of 20 June 1996. Back

44   Regulation (EC) No 1905/2006 of the European Parliament and of the Council of 18 December 2006 establishing a financing instrument for development cooperation Back

45   Regulation (EC) No 1717/2006 of the European Parliament and of the Council of 15 November 2006 establishing an instrument for stability, Back

46   In February 2005, at the Paris High Level Forum on Aid Effectiveness, more than 100 signatories - from donor and developing-country governments, multilateral donor agencies, regional development banks and international agencies - endorsed the Paris Declaration on Aid Effectiveness. It contains 56 partnership commitments aimed at improving the effectiveness of aid; lays out 12 indicators to provide a measurable and evidence-based way to track progress; and sets targets for 11 of the indicators to be met by 2010. The Declaration is focused on five mutually reinforcing principles: Ownership: Developing countries must lead their own development policies and strategies, and manage their own development work on the ground: Alignment: Donors must line up their aid firmly behind the priorities outlined in developing countries' national development strategies; Harmonisation: Donors must coordinate their development work better amongst themselves to avoid duplication and high transaction costs for poor countries; Managing for results: All parties in the aid relationship must place more focus on the end result of aid, the tangible difference it makes in poor people's lives; and Mutual accountability: Donors and developing countries must account more transparently to each other for their use of aid funds, and to their citizens and parliaments for the impact of their aid. Back

47   The statement issued after the 3rd High Level Forum on Aid Effectiveness in Accra, Ghana, on 4 September 2008 by Ministers of developing and donor countries responsible for promoting development and Heads of multilateral and bilateral development institutions " to accelerate and deepen implementation of the Paris Declaration on Aid Effectiveness". The full text of the Accra Agenda for Action can be found at http://siteresources.worldbank.org/ACCRAEXT/Resources/4700790-1217425866038/AAA-4-SEPTEMBER-FINAL-16h00.pdf. For further information on the Forum, see http://www.undg.org/docs/9198/UNDG-Report-Accra-HLF-full-version.doc . Back


 
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