8 A Europe for Citizens Programme 2014-20
| (33565)
18719/11
+ ADDs 1-2
COM(11) 884
| Draft Council Regulation establishing for the period 2014-20 the Programme "Europe for Citizens"
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| Legal base | Article 352 TFEU; unanimity; EP consent
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| Department | Culture, Media and Sport
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| Basis of consideration
| Minister's letter of 31 October 2013
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| Previous Committee Reports
| HC 86-i (2012-13), chapter 6 (9 May 2012);
HC 428-xlix (2010-12), chapter 4 (1 February 2012)
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| Discussion in Council
| No date set |
| Committee's assessment
| Legally and politically important
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| Committee's decision
| Not cleared; further information requested
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Background and previous scrutiny
8.1 The draft Regulation would establish a "Europe
for Citizens" Programme with a budget of €229 million
for the period 2014-20. It would ensure continuity of funding
for a range of activities already supported by the EU under the
current Europe for Citizens Programme (2007-13), but would focus
on two main "strands." The first, entitled "Remembrance
and European Citizenship", would support initiatives associated
with remembrance (for example, the causes and consequences of
totalitarianism in recent European history) and European identity.
The second, "Democratic engagement and civic participation",
would seek to develop citizens' understanding of, and opportunities
for involvement in, the EU policy-making process, and to encourage
volunteering. The types of activity which the Programme would
support include town twinning, the development of transnational
networks, think tanks, debates and studies on aspects of European
history and on common values, and initiatives to raise awareness
of the functioning of the EU. Our Fifty-fourth Report of 1 February
2012 provides an overview of the content of the draft Regulation
and the Government's position.
8.2 As the legal base for the draft Regulation is
Article 352 of the Treaty on the Functioning of the European Union
(TFEU), it is subject to section 8 of the European Union Act 2011
and requires an Act of Parliament before the Government may agree
to its formal adoption by the Council of Ministers, unless one
of the statutory exemptions in section 8(6) of the Act applies.
The Government confirmed, in April 2012, that none of the exemptions
applies and that "there is consequently no doubt that an
Act of Parliament will be required before we can accept the proposal."[21]
We agreed with the Government's analysis, but added:
"Whilst there will,
therefore, be a further opportunity for Parliament to debate the
draft Regulation, we do not consider this to be a substitute for
rigorous scrutiny at this stage, since the possibility to influence
the content of the draft Regulation will, by then, be greatly
reduced."[22]
8.3 The Government indicated that it broadly endorsed
the substance of the draft Regulation, highlighting synergies
with its "Big Society" agenda and youth policies, as
well as the focus on "localising action at the lowest possible
level" and empowering individuals. It noted that the "Europe
for Citizens" Programme had the smallest budget of all the
EU spending programmes for 2014-20 but said that it would press
for a further reduction in the level of expenditure proposed by
the Commission.
8.4 The Government told us that there was the prospect
of a partial general approach on all elements of the draft Regulation
except the budget at the Education, Youth, Culture and Sport Council
in May 2012 and asked us to clear the proposal from scrutiny,
We were unwilling to do so and, instead, granted a scrutiny waiver
to enable the Government to support the partial general approach,
whilst making clear that we expected to be kept informed of progress
made in securing a smaller budget and that the draft Regulation
would remain under scrutiny.
The Minister's letter of 31 October 2013
8.5 The Minister for Culture, Communications and
Creative Industries (Mr Ed Vaizey) apologises for "the extended
time-period which has elapsed" since he last wrote to us
but explains that the Government has only recently received "final
confirmation of the budget" to be allocated to the Europe
for Citizens Programme for 2014-20. He continues:
"This follows on from
the successful (from our perspective) Multiannual Financial Framework
(MFF) negotiations earlier this year.
"The original Commission
proposal had been for a budget of €229 million for the Europe
for Citizens Programme, which was some 6% higher than the €215
million allocated to the predecessor Programme.
"I am pleased to say
that following the MFF negotiations, the final budget allocation
is €185 million, some 14% below that for the previous Programme.
This is a satisfactory outcome."
8.6 The Minister indicates that the draft Regulation
"has been agreed" by the Council and Commission and
sent to the European Parliament for its consent. He adds:
"As you have earlier
noted, Europe for Citizens has an Article 352 legal base, and
so will require an Act of Parliament before the Government may
support it at the European Council.
"We have consequently
introduced the European Union Approvals Bill, which includes this
Programme, together with one enabling a historical archive for
the records of the European institutions. This latter has passed
scrutiny.
"The Bill was transferred
to the House of Commons on 21 October, when it had its first reading;
and I look forward to debating it at second reading in the coming
weeks."
Conclusion
8.7 We remind the Minister that the draft Regulation
remains under scrutiny and that any agreement given by the UK
in the Council of Ministers (or a decision to abstain) would constitute
a breach of our scrutiny reserve. We ask him to explain the nature
of the "agreement" reached by the Commission and Council
which he alludes to in his letter. We also ask him to confirm
that the Government will not be in a position formally to approve
the draft Regulation in the Council of Ministers until the European
Union (Approvals) Bill [Lords] has been enacted. Pending clarification
of these two points, the draft Regulation remains under scrutiny.
21 Letter of 24 April 2012 from the Minister for Culture,
Creative Industries and Communications (Mr Ed Vaizey) to the Chair
of the European Scrutiny Committee. Back
22
See our First Report of Session 2012-13, referenced in the headnote. Back
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