Documents considered by the Committee on 9 November - European Scrutiny Committee Contents


3 Investment for growth and jobs

(33219)

15249/11

COM(11) 614

+ ADDs 1-4

Draft Regulation of the European Parliament and the Council on specific provisions concerning the European Regional Development Fund and the Investment for growth and jobs goal and repealing Regulation (EC) No 1080/2006

Commission staff working papers: Impact assessment and summary of impact assessment

Legal baseArticles 178 and 349 TFEU; co-decision; QMV
Document originated6 October 2011
Deposited in Parliament13 October 2011
DepartmentBusiness, Innovation and Skills
Basis of considerationEM of 2 November 2011
Previous Committee ReportNone
Discussion in Council16 December 2011
Committee's assessmentLegally and politically important
Committee's decisionNot cleared; further information requested

Background

3.1 The European Regional Development Fund (ERDF) is the largest of the EU's Structural Funds. Its purpose, as described in Article 176 of the Treaty on the Functioning of the European Union (TFEU), is to "redress the main regional imbalances in the Union through participation in the development and structural adjustment of regions whose development is lagging behind and in the conversion of declining industrial regions." The ERDF is one of the principal funding instruments for strengthening economic, social and territorial cohesion across the EU. Article 174 TFEU specifies that EU cohesion policy should pay particular attention to "rural areas, areas affected by industrial transition and regions which suffer from severe and permanent natural or demographic handicaps such as the northernmost regions with very low population density and island, cross-border and mountain regions."

3.2 In addition, Article 349 TFEU highlights the structural social and economic situation in some of the EU's outermost regions and provides for the adoption of specific measures setting out conditions of access to EU Structural Funds for these regions.[17]

3.3 In November 2010, the Commission published a Communication on the future of EU cohesion policy which proposed a number of significant reforms for the next financial period (2014-20). These included a greater concentration of EU resources on the objectives and headline targets set out in the Europe 2020 Strategy on jobs and growth, a clearer focus on delivery and results, stronger economic conditionality, and more effective monitoring and evaluation systems.[18]

The draft Regulation

3.4 The draft ERDF Regulation forms part of a broader package of measures proposed by the Commission to align expenditure on the EU's cohesion policy with the Europe 2020 Strategy. It is intended to supplement the Commission's proposal for an all-encompassing draft Regulation ("the draft General Regulation") which would establish a Common Strategic Framework and a set of common provisions to govern all of the EU's instruments of cohesion policy, including the ERDF, for the period 2014-20.[19] It would also establish the total amount of EU resources available for allocation to the EU's Structural and Cohesion Funds, as well as the criteria for their distribution between regions across the EU.

3.5 The draft General Regulation proposes two objectives for EU cohesion policy:

  • Investment for growth and jobs which would account for 96.52% of the available resources; and
  • European territorial cooperation which would account for 3.48% of the available resources.

3.6 All Member States and regions would qualify for support from the ERDF and from the EU's other Structural Fund, the European Social Fund (ESF), but the levels of support would vary according to GDP levels. The draft General Regulation identifies three categories of regions:

  • Less developed regions with a GDP per capita of less than 75% of the average EU-27 GDP — these regions would receive the bulk of EU funds (just over 50%);
  • Transition regions with a GDP per capita between 75-90% of the average EU-27 GDP — these regions would receive around 12% of EU funds; and
  • More developed regions with a GDP per capita above 90% of the average EU-27 GDP — these regions would receive just over 16% of EU funds.

3.7 In its explanatory memorandum accompanying the draft ERDF Regulation, the Commission notes that its proposal for the EU's next Multiannual Financial Framework for the period 2014-20 makes provision for an allocation of €267 billion for the EU's Structural Funds.[20] At least 25% (or €84 billion) would be reserved for programmes implementing the European Social Fund, leaving a maximum of €183 billion for the ERDF for 2014-20.

3.8 The draft ERDF Regulation sets out the types of investment which the ERDF may support and includes a list of investment priorities which broadly mirror the headline targets and flagship initiatives agreed as part of the Europe 2020 Strategy. They include investment which seeks to:

  • strengthen research, technological development and innovation;
  • improve access to, and use of, good quality ICT;
  • enhance the competitiveness of SMEs;
  • support moves towards a low-carbon economy;
  • promote climate change adaptation, risk prevention and management;
  • protect the environment and promote resource efficiency;
  • promote sustainable transport and remove bottlenecks in key network infrastructures;
  • promote employment and support labour mobility;
  • promote social inclusion and measures to combat poverty;
  • encourage education, skills and lifelong learning; and
  • enhance institutional capacity and efficient public administration.

3.9 Certain activities would not be eligible for ERDF support. These include the decommissioning of nuclear power stations, the reduction of greenhouse gas emissions from particular installations, investment in tobacco and tobacco products, and forms of support which are incompatible with EU State aids rules.

3.10 The Commission believes that increased targeting and concentration of ERDF resources should improve "the efficiency, effectiveness and EU added value of funding."[21] The draft Regulation would therefore require more developed and transition regions to concentrate at least 80% of ERDF resources allocated at national level on three objectives:

  • strengthening research, technological development and innovation;
  • enhancing the competitiveness of SMEs; and
  • supporting the shift to a low-carbon economy (with at least 20% ring-fenced for this objective).

3.11 The percentages are lower for less developed regions (50% for all three objectives, of which 6% must be ring-fenced for low carbon initiatives) as, according to the Commission, their development needs are greater and so justify greater flexibility in determining how to use their share of the national allocation of ERDF funding to support a wider range of investment priorities.

3.12 The draft Regulation includes a number of provisions which are intended to address the territorial dimension of economic, social and territorial cohesion. These include:

  • the setting aside of at least of 5% of ERDF resources allocated at national level to fund sustainable urban development within cities in order to tackle economic, environmental, climate and social challenges — the funds would be delegated to cities and managed as an "integrated territorial investment" (a new type of instrument proposed in the draft General Regulation);
  • the creation of an urban development platform comprising a maximum of 300 cities (up to 20 per Member State) to promote capacity-building and networking between cities and to encourage the exchange of information on urban policy initiatives;
  • the provision of up to 0.2% of the total annual ERDF allocation to support innovative actions (including studies and pilot projects) in the field of sustainable urban development; and
  • specific provisions on the use of ERDF funds for the outermost regions listed in Article 349 TFEU.

3.13 An Annex to the draft Regulation sets out a range of common indicators which are intended to establish a baseline for measuring the impact and outcome of ERDF funding supporting the Investment for growth and jobs component of EU Structural Funds. These provide the basis for establishing targets for ERDF-funded programmes on such matters as the number of jobs created in assisted SMEs or the amount of private investment secured for innovation or R&D projects.

The Government's view

3.14 The Minister for Business and Enterprise (Mr Mark Prisk) notes that HM Treasury has overall responsibility for the Government's policy on the EU's Multiannual Financial Framework, which will determine the overall size of the EU budget for 2014-20 and the proportion to be made available to support economic, social and territorial cohesion. [22] He adds:

    "At a time of major fiscal consolidation for Member States, we need to see similar budget discipline at the EU level. The maximum acceptable expenditure increase through the next Multiannual Financial Framework overall is a real freeze in payments. Significant reductions are required to the overall SCF [Structural and Cohesion Funds] envelope proposed by the Commission to achieve this."[23]

3.15 The Minister expresses the Government's support for the overall aims of the ERDF in promoting economic and social cohesion and "agrees in principle" with the proposal to concentrate funding on a limited number of objectives. He continues:

    "However, the Government feel it is important that Member States maintain the flexibility to design the most appropriate ERDF programmes for their territory in order to maximise the benefit of funds and to achieve the strongest possible outcomes."[24]

3.16 The Government, while recognising the important role that cities can play in fostering growth, questions the need to prescribe a minimum allocation of 5% of ERDF resources for integrated investments in cities and advocates greater flexibility for Member States. The Government also questions whether the Commission's proposals to allocate a small proportion of ERDF resources to innovative actions in the field of sustainable urban development and to set up a new urban development platform represent value for money. The Minister indicates that the Government will examine closely the proposed conferral of implementing powers on the Commission to make the final selection of cities eligible to participate in the new platform.

3.17 The Minister notes that the proportion of ERDF resources ring-fenced for measures to support a low-carbon economy is significantly lower for the less developed regions, and questions whether this is appropriate when the intensity of carbon emissions is generally higher in Central and Eastern European Member States. He suggests that these Member States "should look to focus more of their spending on low carbon objectives where there is a clear case for public intervention."[25]

3.18 Finally, the Minister explains that negotiations are expected to continue throughout 2012 and that final agreement is only likely to be reached once the EU's Multiannual Financial Framework for 2014-20 has been settled.

Conclusion

3.19 We note that the Commission has proposed a dual legal base for the draft Regulation. Whilst it is clear that the ordinary legislative procedure (co-decision with the European Parliament and QMV in Council) applies to Article 178 TFEU, Article 349 TFEU contemplates the use of a special legislative procedure in certain circumstances, but appears to leave open the possibility that the ordinary procedure may apply in others. The Minister's Explanatory Memorandum indicates that the ordinary legislative procedure applies in this case. We would, however, welcome a more detailed explanation of the reasons why.

3.20 The Government appears to support the broad thrust of the draft Regulation, whilst also making clear that significant reductions are needed in the funding levels proposed by the Commission for economic, social and territorial cohesion in order to achieve a real freeze in EU expenditure for the period 2014-20. The eventual size of the EU budget for Structural and Cohesion Funds will inevitably affect the feasibility of the thematic objectives and investment priorities proposed for each of the individual Funds, including the ERDF. We are therefore retaining the draft Regulation under scrutiny and ask the Government to provide us with progress reports on the negotiations.


17   The regions identified in Article 349 TFEU are Guadeloupe, French Guiana, Martinique, Réunion, Saint Barthélemy, Saint Martin, the Azores, Madeira and the Canary Islands.  Back

18   (32199): See HC 428-xi (2010-11), chapter 6 (15 December 2010) and HC 428-xviii (2010-11), chapter 6 (2 March 2011). Back

19   (33217): See chapter 1 of this Report. Back

20   The current conversion rate is €1 = £0.8731. Back

21   See p. 3 of the Commission's accompanying explanatory memorandum.  Back

22   See (32986) 12478/11 +ADDs 1-2, (32987) 12474/11, (32988) 12480/11, (32989) 12483/11, (32994) 12475/11 + ADDs 1-3 and (32998) 12484/11: HC 428-xxxv (2010-12), chapter 1 (7 September 2011).  Back

23   See para 19 of the Minister's Explanatory Memorandum.  Back

24   See para 21 of the Minister's Explanatory Memorandum. Back

25   See para 22 of the Minister's Explanatory Memorandum. Back


 
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Prepared 18 November 2011