4 Maritime policy
| (32002)
14284/10
+ ADD 1
COM (10) 494
| Draft Regulation establishing a programme to support the further development of an integrated maritime policy
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| Legal base | Articles 43(2), 74, 77(20, 91(1), 100(2), 173(30, 175, 188, 192(1), 194(2) and 195(2) TFEU; co-decision; QMV
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| Document originated | 29 September 2010
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| Deposited in Parliament | 4 October 2010
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| Department | Transport
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| Basis of consideration | EM of 28 October 2010
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| Previous Committee Report | None
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| To be discussed in Council | No date set
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| Committee's assessment | Politically important
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| Committee's decision | Not cleared; further information requested
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Background
4.1 A Commission Communication on the EU's Integrated Maritime
Policy (IMP) and its accompanying action plan[6]
were endorsed by the Council in late 2007. A progress report on
the IMP, which documented actions taken and indicated future actions,
[7] was endorsed
by the Council in November 2009. In considering that report the
Council invited the Commission to present proposals for the financing
of IMP actions, "within the existing Financial Perspective",
with a view to their entering into force by 2011.
The document
4.2 This draft Regulation responds to the Council's call for a
funding proposal. It would establish financial underpinning of
€50 million (£43 million) to fund a programme of work
to support the further development of the IMP. It is a request
for additional funding from within the existing Financial Perspective
up to 2013. The Commission says that further development of the
IMP is at risk without this funding, because there is currently
no budgetary provision to support the work for the period 2011-2013.
It seeks what it describes as "modest financial underpinning"
to pursue its planned programme of work, building on earlier preparatory
activities and pilot projects.
4.3 The proposal is supported by an accompanying
Commission Staff Working Document entitled Ex-Ante Evaluation
for establishing a Programme to support further development towards
an Integrated Maritime Programme. This evaluation considers
three options:
- Option 1: a "do nothing"
approach;
- Option 2: a "modest", that is €50
million (£43 million) increase in funding to support development
of the IMP; and
- Option 3: a "fully fledged financing"
approach.
In the evaluation the Commission:
- rules out the first option
because it would mean that it could not pursue the policy objectives
of the IMP endorsed by the Council in 2009;
- discounts the third option because it considers
that options for practical actions are insufficiently developed
at this stage (so there is relatively little on which large sums
of money could be spent and to do so on untested approaches would
be unwise) and because, in any case, it currently has insufficient
human resources to manage a large scale approach; and
- concludes, therefore, that the second option,
a limited request for funding for specific itemised activities,
is the best approach.
4.4 Building on the Council Conclusions, the Commission
lists seven operational objectives which the funding would support,
which are itemised in the Legislative Financial Statement appended
to the draft Regulation:
- integrated maritime governance
— this would entail further development of integrated government
and EU approaches in Member States and towards coastal regions.
Specific activities would be promotional events and workshops,
€1.3 million (£1.1 million), and development of cross-sectoral
communication tools on maritime affairs, namely an internet maritime
forum and a secretariat for a "stakeholders' network"
for the exchange of ideas and best practice, €1.2 million
(£1 million). Total cost: €2.5 million (£2.15 million);
- activities regarding sea basins — this
would entail expeditious implementation of "integrated sea
basin strategies around Europe tailored to the needs of each maritime
region". There would be a two-phase study project on integrated
governance in the Mediterranean region, the first phase in 2011
and the second in 2013, a test project between the phases to develop
cooperation between Member States, either between themselves or
with Mediterranean third countries, a programme of workshops with
a Mediterranean focus and a Mediterranean governance forum states
would be established, €3.2 million (£2.75 million).
Studies on similar regional strategies in respect of the Atlantic,
Arctic and Outermost Regions of the EU are also envisaged and
plus studies and a "stakeholder platform" for the Baltic,
€1.4 million (£1.2 million). Total cost: €4.6 million
(£3.96 million);
- cross-cutting tools for integrated policy making
— this would include work to further development and implementation
of cross-cutting tools, such as the integration of maritime surveillance
by means of a Common Information Sharing Environment, including
various studies and projects costing €4 million (£3.44
million), Maritime Spatial Planning, €5.25 million (£4.5
million), Integrated Coastal Zone Management, €1.25m (£1.1million)
and a European Marine Observation and Data Network, €22.5
million (£19.35 million). Total cost: €33 million (£28.4
million);
- promotion of the international dimension of the
IMP — this would entail the promotion of enhanced cooperation
with appropriate third countries and international bodies to ensure
coherence between IMP activities and those developed on a sectoral
basis, using seminars, workshops and other meetings and events.
Total cost: €0.6 million (£0.5 million);
- further defining the boundaries of sustainability
of maritime activities that affect the environment through the
implementation of the Marine Strategy Framework Directive, with
an emphasis on an ecosystem approach — this is to enable
the Commission to play a proactive role in supporting the implementation
of the Directive. Specific activities which would be funded are
the further development of methodological standards on good environmental
status, provision of a platform for regional seas conventions
to help ensure a coordinated approach to implementation of the
Directive, studies on the impact and monitoring of marine litter
and support for any pilot projects taken forward under the Directive.
This would entail coordination between the various maritime areas
of the EU in implementing an ecosystem-based approach through
a permanent co-ordination platform and regular workshops, the
development of methodological standards on environmental status
for the seas under the Directive and various studies and projects
on marine environmental problems. Total cost: €5.1 million
(£4.4 million);
- a renewed focus on sustainable economic growth,
employment and innovation — this would entail various studies,
events or workshops covering clean shipping in the Baltic, maritime
employment and education and the development of measures at EU
level to stimulate growth and employment in the maritime economy.
Total cost: €1.5 million (£1.3 million); and
- raising the visibility of maritime EU —
this would entail promotion and facilitation of information and
best practice by means of information technology opportunities
afforded by the EU's "European Atlas of the Seas" database.
Total cost: €2.3 million (£1.98 million).
The overall cost of the seven operational objectives
would be: €49.6 million (£42.66 million).
4.5 Technical and procedural provisions in the draft
Regulation cover:
- financial assistance in the
form of grants and public procurement contracts;
- selection of beneficiaries of grants or public
procurement contracts following calls for proposals or tenders,
except as otherwise provided in Regulation (EC, Euratom) No 1605/2002;
- setting out details of grants and public procurements
in annual work programmes; and
- monitoring, control, audit and evaluation of
activities funded by the Regulation.
The Government's view
4.6 The Parliamentary Under-Secretary of State, Department
for Transport (Mike Penning) says first that the Commission claims
the proposal has due regard to the principles of subsidiarity,
because the objectives of the proposed Regulation to facilitate
integrated maritime policy are appropriate to action at EU level.
However, the Government remains unconvinced that all aspects of
activity which would be supported by this funding Regulation meet
the subsidiarity criteria.
4.7 The Minister then comments that:
- although the Commission seeks
additional funding to carry out the wishes expressed by the Council
in November 2009, this contradicts the UK's position on additional
EU budget spending and the its call for an EU budget freeze in
2011; and
- the Government is taking a similarly tough line
on EU budget levels in 2012 and 2013, so will therefore work with
like-minded Member States to push for this funding to be met through
the reprioritisation of existing resources.
4.8 In further comment the Minister says that:
- the Government could support
some of the operational objectives envisaged by the Commission;
- in the broadest sense, where there is demonstrable
added value in activity at EU level to improve governance, cooperation
with third parties, activities to stimulate growth or to benefit
the environment, and where funds are available, then some degree
of EU coordination may be beneficial;
- some of the activities envisaged require, however,
further explanation and justification — for example, in
respect of activities surrounding sea basins, no strong case has
yet been made to develop an EU-led regional strategy for the Atlantic;
- the Government would support, with regard to
the third operational objective, on cross-cutting tools for integrated
policy-making, sharing best practice on Maritime Spatial Planning;
- it would also welcome the inclusion of Integrated
Coastal Zone Management alongside Maritime Spatial Planning;
- there are, however, concerns over some of the
specific objectives itemised in the proposal and the accompanying
Staff Working Document;
- for example, there is a strong implication that
marine plans could be developed covering marine areas of more
than one Member State — the Government would not wish to
support this;
- Member States are all at differing stages of
marine planning and this would not be a practical approach for
the UK — there are already procedures in place by which
the UK may consult other Member States if a marine plan borders
them, so it is difficult to see added benefit arising from the
proposed approach;
- the Government broadly supports, under the third
objective, on marine data and knowledge, further development of
the prototype European Marine Observation and Data Network —
relevant to this is a recent Commission Communication Marine
Knowledge 2020: marine data and observation for smart sustainable
growth;[8]
- under the fifth operational objective, on defining
the boundaries of maritime activities through the implementation
of the Marine Strategy Framework Directive, all the itemised activities
would support the consistent implementation of the Directive across
the EU;
- these activities have been discussed with Member
States at regular Marine Directors' meetings held by the Commission
and the Presidency;
- the Government's policy on implementation of
the Directive has been that the Commission should take a "light
touch" approach to coordinating the implementation of the
Directive at EU level, leaving the detailed decision making to
Member States in the context of the Regional Seas Conventions;[9]
- some level of EU coordination is necessary, however,
if only to share best practice and to make sure that implementation
is broadly consistent across marine regions, ensuring the maintenance
of a level playing field for marine businesses operating across
EU waters; and
- the activities described by the Commission in
this part of the proposed Regulation are in line with the "light
touch" approach to EU level coordination supported by the
UK.
4.9 The Minister tells us that:
- the Government will seek further
clarification and justification of the activities which would
be supported by the proposed funding;
- the Treaty bases cited for the draft Regulation
include Justice and Home Affairs Articles, which implies that
the UK could choose under the Title V Protocol whether to opt-in;
- however, the Government doubts whether citation
of so many legal bases is necessary or correct; and
- the Government will seek clarification on the
legal bases cited and the Minister will provide further advice
to the Committee on this.
4.10 On the financial implications of the proposal
the Minister reiterates that, although the Government supports
appropriate development of the Integrated Maritime Policy, it
cannot support additional funding from the EU budget margins,
as this increases the size of the EU budget and, therefore, Member
States' contributions to it. Noting that the Commission's proposal
provides for €50 million (£43 million) in commitment
appropriations and €39.7 million (£34.2 million) in
payment appropriations to support the IMP for the period 2011-13,
he says that this would increase the UK contribution to the EU
budget by €2.2 million (£1.9 million) over the course
of this period.
Conclusion
4.11 Any funding proposal needs rigorous examination
and full justification. We laud, therefore, the Government's cautious
approach to the draft Regulation. However, before considering
the document further we wish to hear from the Minister about:
- the Government's developed
view on subsidiarity;
- the further clarification and justification
it is seeking of the activities which would be supported by the
proposed funding;
- the clarification the Minister promises us
on the legal bases for the draft Regulation; and
- more generally, progress on negotiation of
the proposal.
Meanwhile the document remains under scrutiny.
6 (29068) 14631/07 + ADDs 1-5: see HC 16-viii (2007-08),
chapter 2 (16 January 2008) and HC Deb, 3 June 2008, cols
713-735. Back
7
(31027) 14363/09 + ADD 1: see HC 5-i (2009-10), chapter 13 (19
November 2009). Back
8
(31945) 13455/10: see HC 428-iv (2010-11), chapter 9 (20 October
2010). Back
9
The conventions are part of the Regional Seas Programme under
the aegis of the United Nations Environment Programme: see http://www.unep.org/regionalseas/. Back
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