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


8   European Investment Bank projects outside the EU

(34964)

10272/13

+ ADDs 1-2 COM(13) 293

Draft Council Decision granting an EU guarantee to the European Investment Bank (EIB) against losses under financing operations supporting investment projects outside the Union

Legal baseArticles 209 and 212 TFEU; co-decision; QMV
DepartmentInternational Development
Basis of considerationMinister's letter of 28 November 2013
Previous Committee ReportsHC 83-xxii (2013-14), chapter 9 (6 November 2013) and HC 83-viii (2013-14), chapter 6 (3 July 2013)
Discussion in CouncilTo be determined
Committee's assessmentPolitically important
Committee's decisionNot cleared; further information requested

Background

8.1  The proposal is to update the current EU budgetary guarantee to the EIB that covers risks of sovereign and political nature when financing operations outside the EU. This External Lending Mandate (ELM) allows the EIB to use its Own Resources to operate in more challenging investment climates outside the Union in support of the EU's external policy objectives; provides both an overall ceiling to loans covered under the Guarantee and an opportunity to determine the strategic direction of the EIB in its external operations; and, more broadly, safeguards its creditworthiness, so as not to compromise its principal task of contributing to the development of EU Member States.

8.2  The regions covered are the Neighbourhood and Partnership Countries (including the Mediterranean, Eastern Europe, Southern Caucasus and Russia); Asia, Central Asia and Latin America, South Africa as well as EU Pre-accession countries (the African, Caribbean and Pacific (ACP) region is covered separately under the Cotonou Agreement and funded through the European Development Fund, or EDF).

8.3  This proposed new Decision sets out the overall scope and general conditions of the ELM for the period starting 1 January 2014 to 31 December 2020, in line with the Multiannual Financial Framework (MFF). In drawing it up, the Commission examined several options and objectives (see our previous Report for details). They chose the option called FOCUS: to focus on less credit-worthy beneficiaries while implementing an overall signature target on climate change, which was judged as having the most impact.

8.4  In her Explanatory Memorandum of 23 June 2013, the Parliamentary Under-Secretary of State at the Department for International Development (Lynne Featherstone) welcomed the overall proposal and strongly endorsed the EIB's external role. She also endorsed the proposal to replace the current separate Climate Change Mandate with an overall climate change investment target, and welcomed the idea of developing a method to establish the use of the EU budget guarantee where it benefitted less creditworthy clients and served harder-to-reach markets. She also supported the Mandate continuing to cover all geographical areas, including harder-to-reach markets in Asia (such as Burma, Bangladesh) which were key DFID priorities (see paragraphs 6.8-6.9 of our first previous Report for greater detail).[27]

8.5  Looking ahead, the Minister said that negotiations in the Financial Counsellors (FINCO) working party in Brussels would now centre on the regional sub-ceilings and broader strategic directions of the EIB in its external lending; the draft proposal would then move to the European Parliament in the autumn.

Our assessment

8.6   Given that the Minister would be seeking at least some improvements to the draft mandate — establishing a method to ensure that the guarantee was used where it added most value and further clarification in terms of success criteria with respect to the provision of a €3 billion "top up" after a midterm review — we retained the Council Decision under scrutiny, and asked the Minister to update the Committee when discussions in the working party had been concluded.

8.7  We also drew this chapter of our Report to the attention of the International Development Committee.[28]

8.8  The two updates provided thus far by the Minister demonstrate very much what might be expected in this type of negotiation: the Minister has not achieved all her objectives — particularly with regard to Asia and Central Asia — but notes that the proposal that has emerged from COREPER[29] nonetheless contains a number of elements that should lead to more effective spending (see paragraphs 9.8-9.12 of our most recent previous Report).[30]

8.9  Most recently, we asked the Minister to write to us again once the negotiations with the European Parliament (EP) had made some progress, and in any event no later than 28 November.

8.10  We also drew these developments to the attention of the International Development Committee.[31]

The Minister's letter of 28 November 2013

8.11  The Minister reports that in early November the European Parliament's Budget Committee produced a first reading position on the ELM.

8.12  She continues as follows:

"The EP's suggested amendments are in line with what we expected and reflect three main EP priorities. These are 1) Allowing reflows from previous EIB activities to increase the overall size of the ELM; 2) Increasing EIB's reporting requirements and Parliamentary oversight of the EIB; and 3) Changing the focus of the EIB's work to include new priority sectors and an increased focus on climate change.

"On the first point, the EP has suggested that reflows from previous EIB activities are used to increase the overall ceiling of the External Lending Mandate from €25bn (£21bn) to €27bn (£23bn). To take account of this increase, the regional ceilings within the ELM have all been revised upwards by 8%. The UK does not support this amendment. We support the overall size of the guarantee ceiling in the original Commission proposal (£21bn) which is consistent with our position on discipline in the EU budget overall. Furthermore the UK believes that reflows should go back to the "general budget" of the EU, thereby reducing the contributions required from Member States. We will continue to strongly oppose this amendment.

"On point 2), the EP has inserted clauses increasing the reporting requirements of the EIB to the EP and the Commission. While the UK supports increased coherence of EU external policies, we believe that the current level of reporting and oversight is adequate and should be maintained. We are concerned that the increases proposed would duplicate existing reporting requirements and place undue administrative and reporting burdens on the EIB. We are supportive however of amendments that would improve the quality of existing EIB reporting. We therefore support EP proposals that suggest greater inclusion of the Results Measurement (REM) Framework in current reporting.

"The EP has been quite prescriptive in the sectors in which the EIB should work and is pushing for an increase in the priority given to climate change. We support the EIB's strong focus on climate change mitigation but are keen that the EIB maintains some flexibility in the areas in which it works. The UK supports all three priorities of the EIB (social and economic infrastructure, private sector and financial development, and climate change mitigation and adaptation) and we want to give the EIB room to manage the balance between these priorities. We are also keen to ensure that the impact of the EIB in these sectors is not diluted by the addition of competing priorities. There is room for negotiation on this point however and the UK could support some additional and strengthened reference to climate change in the ELM."

"Since the beginning of November, three informal trialogues have taken place. These are set to continue until technical agreements on the majority of the text have been reached. The more contentious issues, such as reflows and regional ceilings, will be reserved until other elements of the text have been settled. The Presidency are likely to convene a COREPER discussion on the issue of reflows and regional ceilings, but the exact timing of this will depend on progress made with the rest of the text."

Conclusion

8.13   We are grateful to the Minister for this further information, which we are again drawing to the attention of the International Development Committee.

8.14  The Minister has made her position clear:

  • no reflows from previous EIB activities to increase the overall ceiling;
  • no increase in European Parliament oversight; and
  • some additional and strengthened reference to climate change in the ELM, but nothing else that would interfere with the EIB properly balancing this with its other priorities — social and economic infrastructure, private sector and financial development — or risk diluting the impact of the EIB in these sectors by the addition of competing priorities.

8.15   We rely upon the Minister to provide a further update prior to any proposal to take a revised text to the Council for adoption, and in good time for any questions that might arise to be posed and answered beforehand.

8.16  In the meantime, we shall continue to retain the Council Decision under scrutiny.





27   See HC 83-viii (2013-14), chapter 6 (3 July 2013). Back

28   See headnote: HC 83-viii (2013-14), chapter 6 (3 July 2013). Back

29   COREPER, from French Comité des représentants permanents, is the Committee of Permanent Representatives in the European Union, made up of the head or deputy head of mission from the EU member states in Brussels. Its job is to prepare the agenda for the ministerial Council meetings; it may also take some procedural decisions. It oversees and coordinates the work of some 250 committees and working parties made up of civil servants from the member states who work on issues at the technical level to be discussed later by COREPER and the Council. It is chaired by the Presidency of the Council of the European Union. There are in fact two committees: COREPER I consists of deputy heads of mission and deals largely with social and economic issues; COREPER II consists of heads of mission (Ambassador Extraordinary and Plenipotentiary) and deals largely with political, financial and foreign policy issues. Back

30   See HC 83-xxii (2013-14), chapter 9 (6 November 2013). Back

31   See headnote: HC 83-xxii (2013-14), chapter 9 (6 November 2013). Back


 
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Prepared 2 January 2014