Fourth Report of Session 2013-14 - European Scrutiny Committee Contents


3   Consumer Programme 2014-20

(33359)

16795/11

+ ADDs 1-2

COM(11) 707

Draft Regulation of the European Parliament and the Council on a consumer programme for 2014-20

Legal baseArticle 169 TFEU; co-decision; QMV
DepartmentBusiness, Innovation and Skills
Basis of considerationMinister's letter of 18 May 2013
Previous Committee ReportsHC 86-xi (2012-13), chapter 3 (5 September 2012);

HC 86-iii (2012-13), chapter 4 (23 May 2012);

HC 428-lii (2010-12), chapter 5 (29 February 2012); HC 428-xlviii (2010-12), chapter 4 (25 January 2012); HC 428-xlv (2010-12), chapter 4 (20 December 2011)

Discussion in CouncilPartial general approach agreed in June 2012
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background and previous scrutiny

3.1  The draft Regulation would establish an EU programme in the field of consumer policy for the period 2014-20. The Commission has proposed a budget of €197 million for 2014-20 to support a variety of actions which promote product safety, consumer information and education, consumer rights and redress, and the enforcement of consumer rights. Our earlier Reports provide a more detailed overview of the content of the draft Regulation and the Government's position.[6]

3.2  The Council agreed a partial general approach on the draft Regulation in June 2012. Whilst acknowledging that the UK and other Member States had proposed few changes to the Commission's original proposal and broadly supported its choice of objectives, we were unwilling to grant a scrutiny waiver to enable the Government to endorse the partial general approach for two reasons. First, it preceded publication of a new Consumer Agenda setting out a strategic vision for future EU consumer policy. Although the Government expected the Agenda to reflect the objectives set out in the Consumer Programme, we could see no good reason why (in the Minister's words) agreement to the Programme should be based on "assumptions about how expenditure will fit into policy priorities."[7] Second, we accepted that agreement to a partial general approach on the Consumer Programme was unlikely to pre-empt or prejudice ongoing negotiations on the overall size of the EU budget for 2014-20, but thought nevertheless that it might affect discussions on the level of funding needed for this Programme, or potentially distort the balance of funding for each of the Programme objectives.

The Minister's letter of 18 May 2013

3.3  The Minister for Employment Relations and Consumer Affairs (Jo Swinson) provides an update on the outcome of trialogue discussions between the Council, European Parliament and Commission and on the overall budget for the Consumer Programme. She confirms that the Government abstained from the vote in Council on the partial general approach last June in order to avoid overriding our scrutiny reserve, and continues:

"As the consumer programme comes under the Multiannual Financial Framework (MFF) the overall budget detail cannot be agreed until the MFF deal is finalised. HM Treasury are leading on these negotiations. Trialogues commenced in September 2012 on an informal basis only and as with the Partial General Approach, they covered only the policy aspects and not the financial elements of the proposal. As you will be aware, [the] February European Council agreed conclusions on the next MFF, including a real-terms cut in the payment appropriations ceiling to €908.4bn. The European Parliament must now give consent to the MFF Regulation. Agreement on the budget for individual programmes will follow confirmation of the overall package.

"During trialogue discussions there were no controversial amendments tabled by either the Council or the Parliament. The Government did however successfully seek the removal of several references put forward by the Parliament on collective redress, as we had concerns that the wording used could influence future, expected proposals on the subject.

"An agreement has now been reached on all aspects of the consumer programme except for the financial detail and the use of implementing and delegated acts. This is essentially an inter-institutional, comitology issue of contention between the European Parliament and the Commission, which exists on a number of different European dossiers. I will seek to ensure the most appropriate use of Act [sic] in relation to the consumer programme.

"It is accepted that as a result of the MFF agreement and any reduction in the Programme's budget that the substance of the agreement may be subject to change, although it is not yet clear how significant any changes are likely to be. Please be assured I will ensure that the Government's position continues to be reflected and, if the MFF conclusions require further negotiation of the Consumer Programme, I will push for cuts in the areas which in the Government's view, are of least value (such as awareness-raising campaigns and the development of education materials where these may not reflect national consumer policy and strategies).

"I will write to the Committee again once the full impact of the MFF negotiations is understood."

Conclusion

3.4  We thank the Minister for her letter. We note that the budget for the Consumer Programme remains in doubt, pending further negotiation between the Council and European Parliament on the EU Multiannual Financial Framework for 2014-20, and that, if further reductions are proposed, it may be necessary to re-open the substance of the agreement reached on the content of the Consumer Programme. We welcome the Minister's undertaking to write again once the implications of the outcome of negotiations on the Multiannual Financial Framework for the Consumer Programme are clearer. Meanwhile, the draft Regulation remains under scrutiny.



6   See head note. Back

7   The Minister's letter of 21 February 2012. Back


 
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Prepared 18 June 2013