Twenty-third Report of Session 2013-14 - European Scrutiny Committee Contents


11   EU General Budgets

(a)

(35118)

SEC(13) 370

(b)

(35119)

SEC(13) 370

(c)

(35120)

SEC(13) 370

(d)

(35121)

SEC(13) 370

(e)

(35232)

12769/13

COM(13) 557

(f)

(35259)

12770/13

COM(13) 559

(g)

(35319)

13822/13

COM(13) 644

(h)

(35340)

14093/13

COM(13) 669

(i)

(35354)

14453/13

COM(13) 692

(j)

(35355)

14454/13

COM(13) 691

(k)

(35510)

15054/13

COM(13) 719


Statement of estimates of the Commission for 2014 (Preparation of the 2014 Draft Budget): Document I: Political Presentation


Statement of estimates of the Commission for 2014 (Preparation of the 2014 Draft Budget): Document II: Financial programming 2014-20 (Provisional figures)

Statement of estimates of the Commission for 2014 (Preparation of the 2014 Draft Budget): Document III: Figures by MFF heading, section and budget line

Statement of estimates of the Commission for 2014 (Preparation of the 2014 Draft Budget): Document IV: Changes in the budgetary remarks and establishment plan staff

Draft Amending Budget No. 7 to the General Budget 2013: General statement of revenue: Statement of expenditure by section: Section III: Commission

Draft Decision on mobilisation of the Flexibility Instrument



Amending letter No.1 to the draft general budget 2014: Statement of expenditure by section: Section III: Commission



Draft Amending Budget No. 8 (DAB2 bis) to the General Budget 2013: General statement of revenue: Statement of expenditure by section: Section III — Commission

Draft Decision on mobilisation of the EU Solidarity Fund



Draft Amending Budget No. 9 to the General Budget 2013: General statement of revenue: Statement of expenditure by section: Section III — Commission

Amending Letter No. 2 to the draft general budget 2014: Statement of expenditure by Section: General Statement of revenue; Section I: Parliament; Section II — European Council and Council; Section III: Commission; Section IV: Court of Justice of the European Union; Section V: Court of Auditors; Section VI: European Economic and Social Committee; Section VII: Committee of the Regions; Section VIII: European Ombudsman; Section IX: European Data Protection Supervisor; Section X: European External Action Service

Legal baseArticle 314 TFEU and 106a, EURATOM Treaty; co-decision; QMV
Document originated(g) 18 September 2013

(k) 16 October 2013

Date deposited(g) 25 September 2013

(k) 13 November 2013

DepartmentHM Treasury
Basis of considerationMinister's letters of 8 and 20 November 2013
Previous Committee Reports(a)-(d) HC 83-xii (2013-14), chapter 1 (17 July 2013) and HC 83-xiii (2013-14), chapter 3 (4 September 2013)

(e)-(f) HC 83-xiii (2013-14), chapter 20 (4 September 2013) and HC 83-xvii (2013-14), chapter 7 (16 October 2013)

(h)-(j) HC 83-xviii (2013-14), chapter 18 (23 October 2013)

(g) and (k) None

Discussion in Council(a)-(d) 11 November 2013

(e)-(f) 7 October 2013

(h)-(j) 30 October 2013 (written procedure)

(g) and (k) 11 November 2013

Committee's assessmentPolitically important
Committee's decision(a)-(d) Cleared after debate in European Committee B on 21 October 2013,[54] further report awaited

(e)-(f) Not cleared; further information requested

(h)-(j) Cleared (decision reported 23 October 2013)

(g) and (k) Cleared

Background

11.1  The Draft Budget (DB), documents (a)-(d), sets out the Commission's proposals for EU expenditure in 2014. It is the first stage in the annual process of establishing the EU's General Budget for the following year and provides the basis for negotiations between the two arms of the Budgetary Authority (the Council and the European Parliament). On our recommendation the DB was debated in European Committee B last month.[55]

11.2  During the course of a financial year the Commission presents to the Budgetary Authority Draft Amending Budgets (DABs) proposing increases or reductions for revenue and expenditure in the current EU General Budget — there are normally about ten DABs each year.

11.3  The Interinstitutional Agreement of 17 May 2006 on EU budgetary and financial management allows mobilisation of a Flexibility Instrument to meet financing of clearly identified expenditure which could not be financed within the limits of the ceilings available for one or more Headings of the Multiannual Financial Framework (MFF).

11.4  The European Social Fund (ESF), one of the Structural Funds, is the EU instrument for supporting jobs, helping people get better jobs and ensuring fairer job opportunities for all EU citizens. The ESF finances programmes intended to improve the job prospects of millions of Europeans, in particular those who find it difficult to secure employment. Amongst the Conclusions of the June European Council was that, in seeking to improve youth employment, use should be made of the Structural Funds, with particular focus on the ESF.[56]

11.5  DAB No. 7/2013, document (e), concerned an increase of €150 million (£125 million) in commitment appropriations in Heading 1b of the current MFF. The intention was to increase the ESF in order to allow further commitment allocations in 2013 for France, Italy and Spain "as a contribution to the special effort needed to address the specific situations of unemployment, in particular youth unemployment, and of poverty and social exclusion in these Member States". The Commission proposed that the increase in commitment appropriations would be covered by the margin under the ceiling of Heading 1b, that is €16 million (£13 million), and by mobilisation of the Flexibility Instrument for €134 million (£112 million), as proposed with the draft Decision, document (f).

11.6  When we last considered these two documents we heard that DAB No. 7/2013 had secured approval in Coreper, with the UK abstaining, on scrutiny grounds, together with Sweden and the Netherlands, and noted an explanation as to the rationale for the DAB and its relationship to the negotiation of the next MFF. However, we found the Government's comments in relation to the Flexibility Instrument and developments on the proposals less clear. So we asked for answers to three questions. First, we asked, given the qualified majority which had emerged on the DAB, what was the position in relation to the draft Decision on the Flexibility Instrument? Secondly, did the Government believe there was scope for transferring commitment appropriations from elsewhere in the 2013 Budget, rather than having recourse to the Flexibility Instrument? Thirdly, given that we were told that the Government would continue to press the Commission to respect the February European Council conclusions on use of the Flexibility Instrument, did this mean that that the Government had voted, or would be voting, against the draft Decision? Pending receipt of this further information the documents again remained under scrutiny.[57]

11.7  In March the Commission presented DAB No. 2/2013, which sought significant increases in payment appropriations, which the Commission claimed were necessary to meet legal obligations arising from claims left unpaid at the end of 2012, as well as to absorb pressures which it expected to arise in 2013. Consideration of this DAB became enmeshed in the negotiation of the MFF for 2014-20. Following agreement in the June European Council on the MFF package[58] the DAB was partially agreed at the 9 July ECOFIN Council the UK, along with Denmark, Finland, the Netherlands and Sweden, having voted against it. There was also a Council commitment related to this issue to consider a further DAB in the autumn. Of the €11.2 billion (£9.4 billion) requested by the Commission the Budgetary Authority approved €7.3 billion (£6.1 billion).[59]

11.8  DAB No. 8/2013 (presented as "DAB2 bis"), document (h), concerned an increase of payment appropriations of €3.9 billion (£3.3 billion) across Headings 1a, 1b, 2, 3a, 3b and 4 of the MFF. The Commission asserted that this money was needed to meet outstanding needs to the end of the year ¯ to ensure that legal obligations stemming from past and current commitments could be honoured, that financial penalties be avoided and that beneficiaries could receive the funds envisaged by the agreed EU policies. It also claimed that this DAB updated DAB 2/2013.

11.9  The EU Solidarity Fund was established in 2002 to allow the EU to respond effectively to major natural disasters affecting Member States or candidate countries. The Fund is available when a country is affected by a major natural disaster that has serious effects on the living conditions, natural environment or the economy of one or more regions of that country (or exceptionally, in a neighbouring country).

11.10  The draft Decision on mobilisation of the EU Solidarity Fund, document (i), concerned two cases. First, during the summer of 2012 major parts of Romania suffered from very low precipitation and repeated waves of extremely high temperatures, leading to drought and forest fires. The Commission proposed that Romania should be granted €2.5 million (£2.1 million) from the Fund. With regard to the second case, in May and June Central Europe was affected by a meteorological situation where Germany, Austria and the Czech Republic were affected by extreme flooding. The Commission proposed that Germany should be granted €360.5 million (£301.4 million), Austria €21.7 million (£18.1 million) and the Czech Republic €15.9 million (£13.3 million) from the Fund.

11.11  DAB No 9/2013, document (j), was presented by the Commission to cover mobilisation of the EU Solidarity Fund for Romania, Germany, Austria and the Czech Republic, with additional commitment and payment appropriations of €400.5 million (£334.9 million).

11.12  When, last month, we considered DABs No. 8/2013, DAB No. 9/2013 and the draft Decision on use of the EU Solidarity Fund we heard that there had been qualified majorities for the proposals in Coreper, with the Government voting against. We presumed that the Government would be voting against these proposals in the Council. However, given QMV in relation to them we recognised that, regrettably, the Government would be unable to prevent their adoption and so cleared the documents from scrutiny. However, we urged the Government to continue efforts to muster effective support against similar unacceptable budgetary proposals. On a broader issue, we noted the very tight timetabling of Council consideration of these proposals. We asked to hear urgently from the Government what it was doing to insist that the Commission and the Council Presidency properly observe the requirements of Protocol No. 1 to the TEU/TFEU, so facilitating national parliament scrutiny of Commission proposals.

The new documents

11.13  During negotiation of the annual DB the Commission may present amendments to its original proposal in Amending Letters.

11.14  Amending Letter No. 1, document (g), proposes small revisions to the Commission's original 2014 DB. The key changes include implementation of the June European Council agreement on frontloading of Horizon 2020, Erasmus and COSME (Competitiveness of enterprises and small and medium-sized enterprises) and the corresponding backloading of CEF (Connecting Europe Facility)-Energy, ITER (International Thermonuclear Experimental Reactor) and ETC (European Territorial Cooperation) within the 2014-2020 MFF.  This has no net fiscal effect over the 2014-2020 period. The Amending Letter also includes additional assistance to Cyprus through €100 million (£84.62) of Structural Funds commitment appropriations in 2014 to address the particularly difficult situation of Cyprus, as agreed at the June European Council. The net budgetary impact of the Amending Letter is an increase in commitment appropriations of €100 million compared with the DB.

11.15  Amending Letter No. 2, document (k), proposes further revisions to the Commission's original 2014 DB — a revision to the forecast of Traditional Own Resources (TOR) to be received in 2014 and a small downward revision to the Commission's forecasts for spending needs in 2014 for agricultural expenditure. The net budgetary impact is a reduction in both commitment and payment appropriations of €4.9 million (£4.15 million) compared with the DB.

The Minister's letters

11.16  In her first letter the Economic Secretary to the Treasury (Nicky Morgan) first responds to our questions on the DABs, saying that:

  • in relation to use of the Flexibility Instrument for DAB No. 7/2013, documents (e)-(f), the Government is clear that the February European Council conclusions on the use of the Flexibility Instrument must be respected — that is the Commission must not use the Flexibility Instrument without exhausting options from elsewhere in the budget;
  • this was felt to be satisfied on this proposal;
  • the UK voted against both DAB No 8/2013 and DAB No 9/2013, documents (h) and (j), on the 30 October by written procedure;
  • Sweden, the Netherlands and Finland also voted against DAB No 8/2013; and
  • both DABs were approved by qualified majority.

11.17  In relation to timetabling of these sorts of proposals the Minister says that:

  • the Government strongly supports our view that the Commission and the Council Presidency must properly observe the requirements of Protocol No. 1 to the TEU/TFEU, to facilitate and provide sufficient time for national parliament scrutiny of Commission proposals;
  • the Government voiced its strong opposition to this timetabling in the Council and, on this occasion, it was able (procedurally) to prevent formal agreement being reached on the proposals until both Scrutiny Committees of Parliament had been given time to sufficiently consider the proposals; and
  • the Government did not allow the proposals to be added to existing Council agendas and did not submit its vote to the Presidency until after both Committees had cleared the proposals from scrutiny.

11.18  Turning to the 2014 DB, documents (a)-(d), the Minister tells us that on 23 October the European Parliament voted to endorse the recommendation of its Budget Committee on the DB. She attaches a table provided by the European Parliament setting out its proposal, alongside the Commission and Council proposals.[60] The Minister continues that:

  • the (TFEU defined) 21 day Conciliation period began after the European Parliament had voted on its position;
  • the first Conciliation meeting took place on 4 November; and
  • another Conciliation meeting was scheduled alongside the Budget ECOFIN Council on 11 November, where it was hoped that negotiations would be concluded.

11.19  In her second letter the Minister, in addition to explaining the effects of the two Amending Letters and apologising for the late deposit of the second, tells us of the final outcome of the negotiation of the 2014 Budget and gives us some further information in relation to DAB No 9/2013, document (j).

11.20  The Minister reports that the 11 November Budget (ECOFIN) Council agreed with the European Parliament the 2014 Budget. She says that:

  • the final agreement on the level of spending was €142.6 billion (£120.7 billon) in commitment appropriations and €135.5 billion (£114.7 billion) in payment appropriations;
  • as a result, the 2014 Budget is almost €9 billion (£7.6 billion) lower than the final budget for 2013, a 6% reduction in EU spending compared to last year;
  • during negotiations the UK maintained its clear position that any deal should not exceed the ceilings established in this agreement and indeed should be lower;
  • working closely with its budget disciplined allies, Germany, France, Finland, Austria, Czech Republic, Denmark, Sweden and the Netherlands, this was achieved;
  • the Government, however, wanted to go further than the final agreement to maintain pressure on EU spending and to secure a bigger margin between the final payments for 2014 and the MFF ceilings themselves; and
  • for this reason, the UK, along with Sweden, the Netherlands and Denmark did not support, and voted against, the final deal.

11.21  The Minister encloses a Council press release, which includes further detail of the final budget figures.[61]

11.22  The Minister tells us that a compromise proposal on DAB No 9/2013 was also agreed at the Budget Council, as follows — payment appropriations were split between 2013 and 2014, with €250 million (£212 million) paid from reprioritised spending from the Global Transfer in 2013 and the remaining €150 million (£127 million) will be met by payments from within the adopted 2014 Budget. She comments that the UK continues to oppose these financing proposals.

11.23  The agreements on the 2014 Budget and DAB No 9/2013 were formally approved at the General Affairs Council on 19 November and are being voted on in the European Parliament November Plenary.

Conclusion

11.24  We note the further information the Minister gives us about DAB No. 7/2013 and use of the Flexibility Instrument, documents (e)-(f). However we are unclear as to the implications of the Minister's statement that the criterion for use of the Flexibility Instrument "was felt to be satisfied on this proposal". We should be grateful if she would clarify whether this means that it was the Government that felt the criterion to be satisfied and, if so, whether the Government voted for the proposal. Until we are clear on these points the documents remain under scrutiny.

11.25  As for the matter of timetabling of budgetary proposals we note the Government's efforts in this regard. However, we urge the Government to continue to press the Commission and the Council Secretariat on the issue, particularly by refusing to tolerate, not only early voting on such proposals, but also premature discussion.

11.26  We are grateful to the Minister for her updates in relation to the 2014 Budget and DAB No. 9/2013.

11.27  We clear the Amending Letters, documents (g) and (k) from scrutiny, whilst urging the Minister to ensure for the future that such documents are dealt with expeditiously.



54   Gen Co Debs, European Committee B, cols 3-12. Back

55   See headnote. Back

56   See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/137634.pdf. Back

57   See headnote. Back

58   See http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ec/137634.pdf. Back

59   See (34805) 8041/13: HC 86-xxxix (2012-13), chapter 3 (24 April 2013), HC 83-iv (2013-14), chapter 2 (5 June 2013), HC 83-xiii (2013-14), chapter 52 (4 September 2013) and Gen Co Debs, European Committee B, 16 July 2013, cols. 3-26. Back

60   See: http://www.europarl.europa.eu/sides/getDoc.do?pubRef=-%2f%2fEP%2f%2fTEXT%2bIM-PRESS%2b20131003IPR21401%2b0%2bDOC%2bXML%2bV0%2f%2fEN&language=EN. Back

61   http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/en/ecofin/139448.pdf. Back


 
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