House of Commons - Third Report of Session 2008-09

Third Report of Session 2008-09 - European Scrutiny Committee Contents

15 Commission Legislative and Work Programme

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15256/08

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COM(08) 712

Commission Communication: Commission Legislative and Work Programme 2009

Legal base —

Document originated 5 November 2008

Deposited in Parliament 24 November 2008

Department Foreign and Commonwealth Office

Basis of consideration EM of 4 December 2008

Previous Committee Report None

To be discussed in Council No date set

Committee's assessment Politically important

Committee's decision Cleared

Background

15.1 At the end of each year, the Commission publishes a Legislative and Work Programme (CLWP). This document provides some indication of the priorities of the Commission for the forthcoming year and the major legislative and non-legislative proposals it intends to pursue. For 2009 the Commission aims to focus activity in the areas of "Growth and Jobs" (particularly in light of the current economic crisis), "Climate Change and Sustainability", developing "Europe as a Global Actor" and finally, creating a "Europe close to its citizens".

15.2 The CLWP is the last stage of the process which begins with the publication of the Annual Policy Strategy (APS) in the Spring. The Annual Policy Strategy forms the basis of a dialogue between the EU Institutions and national parliaments over where the Commission's priorities lie.

15.3 The high level of generality of the APS and its lack of detail on specific policy measures do not make the document an appropriate subject for a formal inquiry. Its chief value is that it alerts Members of the Committee to the issues developing in the Commission's policy agenda. We forwarded the Annual Policy Strategy to Departmental Select Committees in the hope that they would benefit from an insight into the future plans of the Commission. The APS is a document more suited for debate than scrutiny; it was appropriate therefore that this document was debated in Westminster Hall on 12 June 2008, and was subsequently cleared.

15.4 Finally, we considered that it would have been useful, especially for those outside the EU Institutions, to have more background information on the proposals included in the APS, a closer link between policy proposals and budgetary resources, and an evaluation on the utility of the APS in preparing the way for the CLWP later in the year.

Commission Communication

15.5 After a delay of two weeks caused by what the Commission calls "testing times" and a "time of crisis", and building on the dialogue initiated by the Annual Policy Strategy, the Commission has now published the Legislative and Work Programme for 2009. Changed global, and chiefly economic, circumstances have led to last-minute amendments to the CLWP to "reflect … new challenges".

15.6 Against a background of a "series of challenges for the EU in 2008", in particular the "no" vote in the Irish referendum, the economic slowdown and rises in fuel and energy prices and the conflict in Georgia, the Communication suggests that 2009 will see the Commission focus its activity in the following areas:

(i) Growth and jobs — including "practical measures to reshape the regulatory framework for the EU financial system";

(ii) Climate Change and Sustainability — focusing on global agreements to tackle Climate Change;

(iii) Building a "Europe close to its citizens";

(iv) Developing "Europe as a World Partner" — which includes pursuing the enlargement process, particularly in Croatia;

(v) Better Regulation — with a Third Strategic Review of Better Regulation aimed at simplifying the regulatory environment; and

(vi) "Communicating Europe" with 2009 "first and foremost a European election year".

15.7 To achieve these goals, many of which were previously mentioned in the CLWP of 2008, the Commission proposes 12 strategic initiatives, 37 priority initiatives and 33 simplification initiatives. It also plans to withdraw 20 proposals, all of which have become obsolete. In last year's report we called on the Commission to reduce the legislative burden and therefore note with satisfaction that this projected programme represents a decline in proposed action from the Commission in 2009 compared to 2008. However, circumstance may partly explain this reduction in proposed output, in particular the European Parliament elections in June and the present Commission's term ending in November. Nevertheless, the programme is ambitious and comprehensive for an outgoing Commission.

15.8 The Communication highlights the Commission's efforts in "equip[ping] the European Union to respond effectively to globalisation" and suggests that initiatives introduced by the outgoing Commission such as the Lisbon strategy and measures to promote energy security will form the basis of a practical programme for a "renewed social agenda for today's Europe". The Commission's emphasis from the 2008 programme on better regulation is maintained in the 2009 CLWP. The Third Strategic Review of Better Regulation will report on the "Better Regulation Agenda" aimed at strengthening the impact assessment system, while 2009 will also see a review of the programme to reduce administrative burdens by 25% by 2013. The Commission will bring forward proposals designed to meet this target.

15.9 The document's aims are similar to those expressed in the Annual Policy Strategy which we first examined in March and subsequently cleared in July. On 24 September, the European Parliament held a debate in plenary to provide input into the Commission's proposed Work Programme. However, there is still no mention of the impact which the dialogue between EU institutions and national parliaments has made on the completed Legislative and Work Programme. We noted with regret in last year's report that this information had not been provided and again we express concern at the absence of any mention of the role of national parliaments in shaping the EU Commission's agenda.

The Government's view

15.10 In an Explanatory Memorandum of 4 December 2008, the Minister for Europe at the Foreign and Commonwealth Office 2008 (Caroline Flint) says that the Government "broadly welcomes the over-arching priorities" of the Commission in 2009 and that these correspond with the Government's own "Global Europe" Agenda. The Minister also highlights particular policies which are viewed as important to the Government: the Stockholm Programme and "some of the financial and health matters", which "appear the most likely to raise issues of subsidiarity"; action on "reducing Health inequalities in the EU" which was a key theme of the UK Presidency of 2005; and a forthcoming communication on the budget review viewed as important to "fundamental reform of the EU's budget". She also highlights the Government's support for the Commission's aim of improving the "way in which the EU communicates with citizens."

Conclusion

15.11 As in previous years, we consider that the Legislative and Work Programme provides a useful summary on the Commission's priorities for the next 12 months. We therefore recommend it to the relevant Departmental Select Committees for their information and to indicate possible future areas for inquiry. The list of proposals to be adopted by the Commission in 2009 is attached as an Annex to this chapter. We also commend the accompanying roadmaps to the House. These provide more detail on each proposal, providing information on the context, objectives, timetable and impact assessment work. [88]

15.12 Like the Government, we welcome the renewed emphasis on Better Regulation and reduced administrative burdens and look forward to the Third Strategic Review on Better Regulation. However, last year we noted that few proposals had been withdrawn that were not due to expire in any case and this still appears to be the case. We hope that the Strategic Review will address this matter and again urge the Commission to make serious efforts at reducing the administrative burden.

15.13 In our Report of the Commission's Legislative and Work Programme 2008, we expressed surprise that no attempt had been made to indicate the impact consultation with national parliaments and the European Institutions has had on the Commission's priorities between the publication of the APS and the completion of the CLWP. There are differences between the APS and CLWP, for example the "Common Immigration Policy" is no longer listed as a key priority. But no explanation is provided for the reasoning behind these changes. If consultation on the APS has had an impact on the formulation of the CLWP, then the Commission should say so, and indicate the changes which have been made. We are disappointed that, once again, this information has not been provided, particularly without any explanation of the reason for this change; whether it has merely been "de-prioritised" because of the current financial climate, or whether this is a result of consultation with national parliaments.

15.14 As each proposal comes forward it will be subject to scrutiny by us in the normal way. In the meantime we are content to clear the document.

Annex: Summary of the proposals to be adopted by the Commission under the Work Programme for 2009

Note: The measures are arranged according to our assessment of which Government Department is likely to be given responsibility for them, based on our experience with similar proposals. This assessment may not always be correct and may change with circumstance.

STRATEGIC INITIATIVES

Dept. Subject Type of proposal Legal basis Expected date of adoption

HO Communication on the Stockholm Programme in the area of freedom, justice and security. Non-Legislative action/ Commission Communication N/A May 08(?)

HMT Lisbon Strategy for Growth and Jobs Non-Legislative action / Commission Communication N/A Dec 09

HMT A European framework for recovery Legislative and Non-Legislative measures / to be finalised N/A Not yet available

HMT Financial markets for the future Pack Legislative measures / to be finalised N/A May/June 09

HMT Supervision of EU financial markets Legislative measures / to be finalised N/A July 09

BERR Better Regulation Package:
a) Communication reporting on measurement of administrative burden and setting sectoral reduction targets.

b) 3^rd Report on the Simplification Strategy

a) Non-legislative action / Commission communication

b) Non-Legislative action / Commission working paper

N/A

N/A

Jan 09

Jan 09

DECC Communication on the EU position in preparation for the UN Climate Change COP-15 Copenhagen Conference Non-Legislative action / Commission Communication N/A Jan 09

DEFRA EU Strategy for the Baltic Sea Region a) Non-Legislative action / Commission Communication N/A June 09

FCO Enlargement Strategy and Challenges Non-Legislative action / Commission Communication N/A Oct 09

FCO ENP Package Non-Legislative action / Commission Communication N/A Apr 09

HMT Budget Review Non-Legislative action / Commission Communication N/A 2009

88 http://ec.europa.eu/atwork/programmes/index_en.htm Back



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