Documents considered by the Committee on 19 March 2014 - European Scrutiny Committee Contents


7   Financial assistance for non-eurozone Member States

(a)

(34077)

12201/12

COM(12) 336

(b)

(34657)

5477/13


Draft Regulation establishing a facility for providing financial assistance for Member States whose currency is not the euro


European Central Bank Opinion on a draft Council Regulation establishing a facility for providing financial assistance for Member States whose currency is not the euro (CON/2013/2)

Legal base(a) Article 352 TFEU; consent; unanimity

(b) —

DepartmentHM Treasury
Basis of considerationMinister's letter of 17 March 2014
Previous Committee Reports(a) HC 86-xi (2012-13), chapter 15 (5 September 2012), HC 86-xxxviii (2012-13), chapter 7 (17 April 2013) and HC 83-xvii (2013-14), chapter 5 (16 October 2013)

(b) HC 86-xxxv (2012-13), chapter 13 (13 March 2013), HC 86-xxxviii (2012-13), chapter 7 (17 April 2013) and HC 83-xvii (2013-14), chapter 5 (16 October 2013)

Discussion in CouncilNone planned
Committee's assessmentLegally and politically important
Committee's decisionNot cleared; await further developments

Background

7.1  Council Regulation (EC) 332/2002 established a medium term financial assistance facility for Member States whose currency is not the euro, known as the EU balance of payments facility. Decisions to grant such financial assistance, by way of conditional loans, are made by the Council and the total of loans outstanding may not exceed €50 billion (£41.8 billion).

7.2  In June 2012 the Commission presented this draft Regulation, document (a), seeking to develop the facility, primarily in four ways:

·  introducing two new instruments — enhanced conditions credit lines (ECCL) and precautionary conditioned credit lines (PCCL) to the facility, which can currently provide a "loan or appropriate financing facility";

·  specifying the form of monitoring to apply throughout a programme and potential suspension of programme and other EU funds resulting from non-compliance with programme conditionality — this includes eliminating duplicate reporting requirements under the European Semester and for countries under the Excessive Deficit and the Macro-economic Imbalances Procedures;

·  increasing the involvement of relevant institutions (European Parliament, European Central Bank (ECB), European Supervisory Authorities (ESAs)) in the agreement, surveillance and progress of programmes; and

·  simplifying and codifying existing activation procedures, not provided for in the current Regulation.

7.3  In this Opinion, document (b), the ECB showed itself broadly supportive of the draft Regulation and did not highlight any areas of real concern.

7.4  We have considered this proposal three times, on the last occasion in October 2013 reporting that it seemed possible that Council consideration of the proposal was about to begin and noting again that the draft Regulation is not only subject to unanimity, but, being based on Article 352 TFEU, would require for the UK, on the basis of Section 8 of the European Union Act 2011, an Act of Parliament. We asked for an indication, given the Presidency's intention to seek a General Approach before the end of 2013, of the Government's timetable for the Bill which would need to be enacted before the Government could acquiesce in adoption of the draft Regulation.[13]

The Minister's letter of 17 March 2014

7.5  The Economic Secretary to the Treasury (Nicky Morgan) writes now to tells us that:

·  in early December 2013, negotiations moved quickly and the Lithuanian Presidency attempted to reach a General Approach by the end of the year;

·  the proposal was discussed at the ECOFIN Council of 10 December 2013, when, given the Government's substantive concerns, the Chancellor of the Exchequer outlined that the UK could not support the proposal at the Council;

·  other Member States also expressed reservations;

·  since there was a lack of consensus at that Council and in view of the fact that the Greek Presidency has recently made clear that the proposal is not a priority for it, the draft Regulation will not progress further at this stage; and

·  the Government will not, therefore, be seeking parliamentary time for this draft Regulation.

Conclusion

  1. We are grateful to the Minister for this information. However, we will continue to hold both documents under scrutiny against the possibility of attempts to revive consideration in the future, which we would expect the Government to draw to our attention.



13   See headnote. Back


 
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