10 The EU and the post-2015 development
agenda
| Committee's assessment
| Politically important |
| Committee's decision | Not cleared from scrutiny; further information requested; drawn to the attention of the International Development Committee
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| Document details | Commission Communication: A decent Life for all: from vision to collective action (36070), 10412/14 + ADD 1, COM(14) 335.
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| Legal base | —
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| Department | International Development and Environment, Food and Rural Affairs
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Summary and Committee's conclusions
10.1 This Joint Communication is the latest stage
in a process that began with Commission Communication 7075/13
— "A decent life for all: ending poverty and giving
the world a sustainable future"— set out the Commission's
view on the international post-2015 development agenda; the 25
June 2013 Council Conclusions on the "Overarching Post 2015
Agenda"; and Commission Communication 12434/13 on the Commission's
perspectives on financing the post-2015 development framework
(see "Background" section of our previous Report for
full details).
10.2 In their 17 June 2014 Explanatory Memorandum,
the Ministers (Lynne Featherstone and Dan Rogerson) described
securing the best possible post-2015 framework as a priority for
the UK — "a single, compelling and communicable set
of goals that eradicate extreme poverty by 2030 and place sustainable
development at the core", which "finish the job started
by the MDGs, include the critical missing issues of open and accountable
institutions, properly integrate environmental sustainability
and climate change and be relevant to the challenges and opportunities
of the next 15 years". These principles were reflected in
the June 2013 Council Conclusions, which set out the formal EU
position that continued to guide the EU's engagement on post-2015.
Many were reiterated in the "Vision and Principles"
set out in the Communication.
10.3 However, "publication of the Communication
was premature and risks prejudicing the outcome of the OWG, which
is scheduled to conclude by September 2014". The Ministers
nonetheless hoped that it could "provide a contribution to
the EU's internal debate and process on the post-2015 development
agenda with a view to developing a more detailed EU position through
Council Conclusions in the autumn". Those Council Conclusions
would "guide the EU's approach to the intergovernmental negotiations
due to commence in 2015, which the EU will negotiate on behalf
of Member States". They would accordingly "work closely
with the Presidency, the Commission and Member States to agree
these by the end of the year".
10.4 Given the importance of this process, we indicated
that it was highly likely that we would find it appropriate for
this Commission Communication, like its predecessors, to be debated
in due course: after the outcome of the OWG and before the adoption
of Council Conclusions. In the first instance, however, we asked
the Ministers to explain the nature of the intergovernmental negotiations
due to commence in 2015, and clarify what they meant in stating
that "the EU will negotiate on behalf of Member States".
10.5 In the meantime, we retained the Commission
Communication under scrutiny.
10.6 We are content thus far with the Ministers'
clarification regarding both the negotiating timetable and in
what ways "the EU will negotiate on behalf of Member States";
the latter being essentially because:
— of EU competence in development issues;[39]
— this is a tried and tested method,
with previous such processes having demonstrated that negotiating
as the EU is more likely to secure UK objectives than acting alone,
given the tendency in UN negotiations to adopt a "bloc"
approach;[40]
and
— because the Ministers envisage a "team
EU approach", with a burden sharing agreement enabling individual
Member States, including the UK, to lead negotiations on certain
issues or goal areas.
10.7 So far, so good: but, as the Ministers note,
exact details of how this would work in practice need to be agreed
with the Commission, Member States and legal advisers. Once this
has been worked out, we would like the Ministers to write again
with full information on these arrangements, and explaining how
they reflect the proper division of competences under the Treaties.
10.8 Before then, however, we would like a further
update once the OWG report has been produced and been considered
by the UNGA, and including a timetable beyond then and leading
up to the next set of Council Conclusions.
10.9 We again draw these developments to the attention
of the International Development Committee.
Full details of the documents:
Commission Communication: A decent
Life for all: from vision to collective action: (36070), 10412/14
+ ADD 1, COM(14) 335.
Background
10.10 Commission Communication 7075/13 — "A
decent life for all: ending poverty and giving the world a sustainable
future"— set out the Commission's view on the international
post-2015 development agenda: ending poverty and ensuring that
future prosperity and well-being are sustainable. It brought together
the debate about what international framework should succeed the
MDGs and the process to establish new Sustainable Development
Goals (SDGs) arising from the Rio+20 — where government
leaders agreed that the new SDGs should be coherent and integrated
with the post-2015 development agenda. Further details are set
out in our Report of April 2013.[41]
10.11 On 25 June 2013, the Council adopted Conclusions
on the "Overarching Post 2015 Agenda". The Council said
that the post-2015 process should reinforce the international
community's commitment to poverty eradication and sustainable
development and set out a single comprehensive and coherent framework
for effective delivery and results at all levels, with this framework
to be defined around a single set of global goals in order to
drive action in all countries. The Council underlined that:
· the Millennium Declaration and the Rio
+20 outcome remained central reference documents when considering
a post-2015 framework;
· the eradication of poverty in all its
dimensions and the promotion of sustainable development are intrinsically
linked, mutually reinforcing and should be integrated into a single
overarching post 2015 framework as proposed by the Commission
in its recent Communication;
· the need to fully integrate all relevant
international processes, in particular the work on the Review
of the MDGs and the work of the Open Working Group for the elaboration
of Sustainable Development Goals (SDGs) into one coherent process;
and
· the need also for a common and comprehensive
approach to financing for development beyond 2015 that addressed,
in a coherent and comprehensive manner, relevant international
processes relating to finance, the role of ODA, innovative sources
of financing, financial regulation and illicit financial flows,
technology transfer, capacity building, trade and those processes
undertaken in the context of climate change, biodiversity and
desertification.
10.12 Looking ahead, the Council:
· committed the EU and its Member States
to playing an active and constructive role in all ongoing processes
and to support their convergence in order to achieve a single
overarching post 2015 framework;
· welcomed the progress in the elaboration
of an overarching post 2015 framework and the work of the UN system,
that of the UNSG High Level Panel of Eminent Persons on the post-2015
Development Agenda, the Open Working Group on SDG's and the regional,
national and thematic consultations led by the UN system, as important
inputs to the development of the framework;
· undertook to continue to further develop
priority areas, taking into account the proposals outlined in
the Commission Communication and proposals by other partners;
and
· undertook also to follow and engage in
the international processes and define and adapt, as necessary,
the position of the EU and its Member States towards an overarching
post 2015 agenda.[42]
The Ministers' letter of 15 July 2014
10.13 The Ministers respond thus to the questions
we raised in our previous Report:[43]
THE NATURE OF INTERGOVERNMENTAL NEGOTIATIONS
"The post-2015 process is expected to culminate
in September 2015, when the goal framework is adopted by the United
Nations General Assembly (UNGA). The modalities of the negotiations
have yet to be formally agreed and will not be until facilitators
are appointed. They are likely to be nominated by the President
of the General Assembly in the Autumn."
WHY IT IS THAT THE EU WILL NEGOTIATE ON BEHALF OF
MEMBER STATES
"It is standard practice for the EU to negotiate
on behalf of member states. While there are scenarios where we
do not negotiate through the EU, they are rare and generally when
it is not possible to form a common agreement.
"Following the Lisbon Treaty, the UNGA granted
the EU rights in the General Assembly which allow the EU Delegation
to speak on behalf of the EU in negotiations (rather than Member
States holding the EU Presidency as was previously the practice).
The UK, along with other member states, is bound under Lisbon
by the duty of sincere cooperation — faithfully representing
the EU position in any national interventions.
"On post-2015 specifically, we hope to adopt
a "team EU approach" which would see the EU negotiate
on our behalf with a burden sharing agreement enabling individual
member states, including the UK, to lead negotiations on certain
issues or goal areas. Exact details of how this would work in
practice need to be agreed with the Commission, Member States
and legal advisers.
"Negotiating as the EU has significant influence,
and is therefore more likely to secure UK objectives than acting
alone. A strong EU position will carry more weight in negotiations
than member states acting unilaterally because of the tendency
to act in blocs in UN negotiations — i.e. the G77, EU and
JUSCANZ (Australia, Canada New Zealand, Japan, US)."
Previous Committee Reports
Fifth Report HC 219-v (2014-15), chapter 4 (2 July
2014); also see (34747) 7075/13: Fourteenth Report HC 83-xiv (2013-14),
chapter 1 (11 September 2013) and Thirty-ninth Report HC 86-xxxviii
(2012-13), chapter 6 (17 April 2013). Also see (35203) 12434/13:
Fourteenth Report HC 83-xiv (2013-14), chapter 7 (11 September
2013).
39 The EU's competence in development cooperation and
humanitarian aid is a specific form of shared competence commonly
referred to as a parallel competence. The treaties define the
nature and scope of the EU's competence as follows: "In the
areas of development cooperation and humanitarian aid, the Union
shall have competence to carry out activities and conduct common
policy: however the exercise of that competence shall not result
in Member States being prevented from exercising theirs".
(Article 4(4) TFEU). While the Maastricht Treaty (1993) provided
the first explicit treaty basis for cooperation with developing
countries, the Nice Treaty (2003) provided a legal basis for financial
and technical cooperation with third countries, notably including
non-developing countries in the Balkans, the Middle East and North
Africa. Most recently, the Treaty of Lisbon (2009) added an explicit
basis for humanitarian aid. More generally, the EU's competence
in development cooperation and humanitarian aid is defined in
detail in Part V of the TFEU, which sets out the overall framework
of the EU's external action. For a full discussion of these issues,
see "Review of the Balance of Competences between the United
Kingdom and the European Union: Development Cooperation and Humanitarian
Aid Report", available at:
https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/227443/2901085_EU-Development_acc.pdf. Back
40
ie. the G77, EU and JUSCANZ (Australia, Canada New Zealand, Japan,
US). Back
41
See Thirty-ninth Report HC 86-xxxviii (2012-13), chapter 6 (17
April 2013). Back
42
The full Council Conclusions are available at http://www.consilium.europa.eu/uedocs/cms_data/docs/pressdata/EN/foraff/137606.pdf. Back
43
Fifth Report HC 219-v (2014-15), chapter 4 (2 July 2014). Back
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