Documents considered on 11 September 2013 - European Scrutiny Committee Contents


19 Creative Europe Programme 2014-20 ~

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17186/11

+ ADDs 1-2

COM(11) 785

Draft Regulation establishing the Creative Europe Programme

Legal baseArticles 166(4), 167(5) and 173(3) TFEU; co-decision; QMV
DepartmentCulture, Media and Sport
Basis of considerationMinister's letter of 9 September 2013
Previous Committee ReportsHC 86-vi (2012-13), chapter 1 (27 June 2012);

HC 86-ii (2012-13), chapter 6 (16 May 2012;

HC 428-lviii (2010-12), chapter 1 (25 April 2012);

HC 428-li (2010-12), chapter 4 (22 February 2012);

HC 428-xlvi (2010-12), chapter 7 (11 January 2012)

Discussion in CouncilPossible agreement in October
Committee's assessmentPolitically important
Committee's decisionCleared

Background and previous scrutiny

19.1 The draft Regulation would establish a single framework programme — the Creative Europe Programme — to replace three existing EU funding programmes (Culture, MEDIA and MEDIA Mundus). The new Programme seeks to optimise the potential of the cultural and creative sectors to stimulate economic growth and job creation by improving access to EU funds and simplifying their administration. Our Fifty-first Report of Session 2010-12, agreed on 11 January 2012, provides a more detailed overview of the Commission's proposal and the Government's view.

19.2 Whilst welcoming efforts to simplify the funding framework and harness the economic and growth potential of the cultural and creative sectors, the Government expressed concern that the budget proposed by the Commission would represent a 37% increase on current spending levels (€1.8 billion for 2014-20 set against €1.2 billion for 2007-13) and indicated that it would seek a significant reduction. The Government also questioned whether the creation of a new loan guarantee facility to improve access to finance for small and medium-sized businesses and organisations active in the cultural and creative sectors would be financially viable (given the relatively small sums likely to be involved) or have sufficient impact.

19.3 In April 2012, the Government requested a scrutiny waiver to enable it to support a partial general approach put forward for agreement by the Presidency, adding that it reflected the Government's negotiating priorities on job creation and growth in the cultural and creative sectors, as well as encouraging administrative simplification while also maintaining flexibility and an appropriate level of oversight and control. As the partial general approach excluded the budget for the Creative Europe Programme budget and the proposed loan guarantee facility, we agreed to grant a waiver.

19.4 Notwithstanding our scrutiny waiver, the Government subsequently informed us that, although a partial general approach was agreed at the Education, Youth, Culture and Sport Council in May, the Government had been unable to support it because selection decisions determining which projects should receive funding from the Programme were not included within the formal comitology arrangements. The Government also told us that it would only be able to determine whether or not to support the loan guarantee facility once negotiations on the EU's Multiannual Financial Framework for 2014-20 had been completed and the budget for the Creative Europe Programme agreed. This would enable the Government to:

"consider the funding proposed for the Guarantee Facility in the wider context of the EU's financial settlement for the period and, particularly, in relation to the amount of grant funding envisaged in Creative Europe."[67]

The Minister's letter of 9 September 2013

19.5 The Minister for Culture, Communications and Creative Industries (Mr Edward Vaizey) informs us that the Council and European Parliament have reached agreement on a compromise text and indicates that the Presidency may seek formal approval of the draft Regulation in October. He continues:

"Overall, I consider that the proposed Regulation represents a good outcome for the UK. It ensures that EU funding will be focused on actions to promote the contribution of the cultural and creative sectors to economic development and job-creation and actions to support and promote Europe's cultural diversity. I believe the programme will be of benefit to the UK's cultural and creative sectors and will be welcomed by them."

19.6 The Minister indicates that the Government is willing to support the loan guarantee facility, adding:

"Following the agreement on the Multiannual Financial Framework, the programme budget has been significantly reduced from the level originally proposed by the Commission. Although it still represents an increase on the funding for the current Culture and MEDIA programmes, the additional funding will be used to support new cross-sectoral actions to improve the economic and business focus of the cultural and creative sectors and to fund the loan guarantee facility. We support this. I believe that the new loan guarantee facility will be welcomed by the cultural and creative sectors in the UK and will help to improve the availability of finance for the sectors. We will monitor it closely to ensure that it has the desired benefits and impact."

19.7 The compromise text includes provision for a budget of just over €1.4 billion, compared with the €1.8 billion originally proposed by the Commission.

19.8 Turning to the comitology arrangements, the Minister acknowledges that the Government has been unable to secure its objective of greater Member State involvement in overseeing selection decisions, but suggests that, overall, a good outcome has been achieved which "reflects the realities of the negotiating positions of the Council and the European Parliament." He notes, for example, that:

"the EP's proposal to use delegated acts for the annual work programmes — which we considered would present a higher level of risk — has been successfully resisted. Conversely, the Council has agreed to allow the use of delegated acts for changes to the programme indicators — we felt that this presented a lower level of risk to our interests."

19.9 The Minister continues:

"On balance, I am content that the implementation arrangements will give Member States sufficient control over the Commission. Already, in the current Culture programme, the Commission is able to adopt selection decisions without committee oversight. Moreover, experience in the current Media programme has shown that applying comitology procedures to selection decisions creates scope for people to delay their adoption by engaging in special — but ultimately unsuccessful — pleading for projects which have not been selected. The arrangements proposed for Creative Europe cover all the key elements of implementation over which we would want to have some influence and control. Although the final selection decisions are not subject to a comitology procedure, they will be subject to the provisions of the Financial Regulation, and there will be an obligation on the Commission to inform Member States of the selection decisions within two weeks of their adoption. I am keen not to create unnecessary burdens, bureaucracy or delays in the implementation of this programme. Subjecting all selection decisions to formal comitology procedures would not be consistent with our aim of reducing the administration wherever possible. Overall, therefore, I am content for selection decisions in Creative Europe not to be subject to a comitology procedure."

19.10 The Minister expresses satisfaction with the outcome of negotiations on the two issues on which scrutiny remains outstanding, and wishes to support the compromise text when it is put forward for adoption at a forthcoming Council. He invites us to clear the draft Regulation from scrutiny.

Conclusion

19.11 We thank the Minister for his letter. We note the significant reduction in the Programme budget (subject to formal approval of the EU's Multiannual Financial Framework for 2014-20), as well as the Minister's assurance that sufficient safeguards are in place to ensure appropriate Member State oversight of arrangements for implementing the Programme. We agree to clear the draft Regulation from scrutiny.


67   See letter of 22 November 2012 from the Minister for Culture, Communications and Creative Industries (Mr Edward Vaizey) to the Chairman of the European Scrutiny Committee. Back


 
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Prepared 8 October 2013