Documents considered by the Committee on 28 January 2015 - European Scrutiny Committee Contents


8 Multiannual Financial Framework 2014-2020

Committee's assessment Politically important
Committee's decisionCleared from scrutiny
Document details(a) Draft Regulation to allow rescheduling of timings in the current Multiannual Financial Framework

(b) Draft Amending Budget to implement the rescheduling

Legal base(a) Article 312 TFEU and Article 106(a) EURATOM; consent; unanimity; (b) Article 314 TFEU and Article 106(a) EURATOM; co-decision; QMV
Department

Document numbers

HM Treasury

(a) (36610), 5467/15 + ADD 1, COM(15) 15

(b) (36611), 5469/15, COM(15) 16

Summary and Committee's conclusions

8.1 The Multiannual Financial Framework (MFF) for the years 2014-2020 is laid down in the MFF Regulation. One of the Regulation's purposes is to set out annual commitment ceilings for a variety of shared management funds (programmes) which correspond to Member States' annual allocations for each fund. The Regulation provides for the possibility of commitments for these funds unused, because of timing difficulties in the first year of the MFF period, 2014, to be transferred to subsequent years. The unused commitments concerned include some as yet unapproved UK programmes.

8.2 In the event, there are such unused commitments and the draft Regulation would provide for their transfer to the years 2015, 2016 and 2017. The Draft Amending Budget would accordingly add the relevant transferred commitments to the 2015 general budget.

8.3 The Government tells us that, given that the overall ceiling for commitments for the current MFF would remain unchanged, and that payments are unaffected in any way, it is minded to support these proposals.

8.4 These proposals appear to us as a practical solution to the timing difficulties created by the relatively late adoption of the 2014-2020 MFF. So, whilst drawing the proposals to the attention of the House, we clear the documents from scrutiny.

Full details of the documents: (a) Draft Council Regulation amending Regulation (EU, Euratom) No. 1311/2013 laying down the multiannual financial framework for the years 2014-2020: (36610), 5467/15 + ADD 1, COM(15) 15; (b) Draft Amending Budget No. 2 to the general budget 2015 accompanying the draft Council Regulation amending Regulation (EU, Euratom) No. 1311/2013 laying down the multiannual financial framework for the years 2014-2020: (36611), 5469/15, COM(15) 16.

Background

8.5 The Multiannual Financial Framework (MFF) for the years 2014-2020 is laid down in Council Regulation No. 1311/2013, the MFF Regulation. One of its purposes is to set out annual commitment ceilings for a variety of shared management funds (programmes) which correspond to Member States' annual allocations for each fund.

8.6 Article 19 of the MFF Regulation allows commitments for the European Regional Development Fund (ERDF), the European Social Fund (ESF), the Cohesion Fund (CF), the European Agricultural Fund for Rural Development (EAFRD), the European Maritime and Fisheries Fund (EMFF), the Asylum, Migration and Integration Fund (AMIF) and the Internal Security Fund (ISF) to be transferred, before 1 May 2015, from the 2014 tranche to subsequent years. This is because Member States' programmes to implement these funds over the MFF period are subject to a process of approval by the Commission to ensure sound financial management and to ensure the interests of taxpayers are protected and it was anticipated that not all programmes for the full MFF period would be approved in the MFF's first year.

8.7 Member States are required to base plans for each fund on corresponding legal acts which lay down provisions for implementation. However, as a result of the late agreement of the MFF for 2014-2020, these legal acts could not be adopted until, in some cases, May 2014. Consequently, a significant number of programmes under shared management within the meaning of Article 19 of the MFF Regulation could not be adopted in 2014 and were not advanced enough to benefit from Article 13 of Regulation (EU, EURATOM) No. 966/2012 (the Financial Regulation, which governs management of the general budget), a procedure which allows carryover of appropriations if adopted by 15 February in the following financial year.

8.8 During the course of a financial year the Commission presents Draft Amending Budgets (DABs) proposing increases or reductions for revenue and expenditure in the current EU general budget.

The documents

8.9 Given the commitments situation the Commission presents this draft Council Regulation, document (a), on the basis of Article 19 of the MFF Regulation to re-profile annual MFF commitment ceilings for years 2014, 2015, 2016 and 2017. This would allow for the preservation of 2014 commitments for programmes (which include several UK programmes) that could not be adopted in 2014 nor are advanced enough to benefit from the carryover procedure. The overall ceiling for commitments for the current MFF would remain unchanged and payments are not affected in any way. The detail of the proposal is as follows.

Scope of the re-profiling

8.10 The draft Regulation applies to:

·  the adoption after 1 January 2014 of new programmes under shared management for the ERDF, the ESF, the CF, the EAFRD, the EMFF, the AMIF and the IISF;

·  funds from the specific allocation for Youth Employment Initiative as the legal basis is the same as for the programmes under shared management;

·  the Fund for European Aid to the most Deprived (FEAD), as its commitments originate from Structural Funds and are implemented under shared management; and

·  contributions from the ERDF to the cross-border and sea-basin programmes established under the European Neighbourhood Instrument and the Instrument for Pre-Accession Assistance as those amounts are part of national allocations defined in Article 91(2) of European Structural and Investment (ESI) Funds' Common Provisions Regulation.

8.11 The draft Regulation does not apply to:

·  amounts transferred from the CF to the Connecting Europe Facility;

·  technical assistance at the initiative of the Commission;

·  innovative actions, as these are not part of programmes and are managed by the Commission under direct management; and

·  contributions from Heading 4 (Global Europe) of the MFF, even when transferred to the ERDF and the European Territorial Cooperation objective.

Transfer of allocations

8.12 2014 commitment appropriations for programmes under shared management within the scope of Article 19 of the MFF Regulation not adopted in 2014 nor carried over to 2015 total €21,105 million (£16,439 million), of which, €1,249 million (£973 million) pertains to UK programmes not adopted in 2014. The Commission proposes transfer of the bulk of the total commitment appropriations into 2015 in order to keep the pace of investments for growth and jobs and minimise differences of treatment with programmes adopted in 2014 and programmes whose 2014 commitment tranche is to be carried-over. The exceptions to the carryover to 2015 are:

·  2014 allocations for EAFRD programmes yet to be adopted are proposed to be transferred in equal parts to 2015 and 2016 — this is primarily because of the late agreement of the regulatory framework providing the essential elements necessary to Member States for the preparation of their rural development programmes, which unlike other ESI Funds was only completed in the second half of 2014;

·  contributions from the ERDF to the cross-border and sea-basin programmes established under the European Neighbourhood Instrument and the Instrument for Pre-Accession Assistance — it is proposed to transfer the whole 2014 ERDF allocation to 2017, as the set-up of these programmes is more complex and takes longer; and

·  programmes financed from the AMIF or the ISF, allocations not used in 2014 would be transferred to years 2015 to 2017 — the basic acts for these funds were only adopted in May 2014, with the adoption of a number of implementing and delegated acts still pending, Member States' experience in managing these funds under shared management is limited and the proposed transfer of the 2014 allocations over three years takes account of these particular features.

8.13 The Commission proposes that the annual commitment ceiling for 2014 is revised down by €21,105 million (£16,439 million). In order that the relevant 2014 allocations are preserved, it proposes a directly equivalent increase to the annual commitment ceilings for later years as follows: €16,476 million (£12,833 million) to 2015, €4,521 million (£3,521 million) to 2016 and €108 million (£84 million) to 2017.

Revised financial framework

8.14 The proposed re-profiling of allocations is expressed in current prices and incorporates the technical adjustment of the financial framework for 2015 adopted in 2014. The Annex to the MFF Regulation, setting out the appropriation ceilings by budget heading for each of the seven years, is expressed in 2011 prices. This is to be replaced by the table set out in the Annex to the draft Regulation, also expressed in 2011 prices.

8.15 Based on the adjustment of the annual commitment ceiling for 2015, as proposed in the draft Regulation, the Commission also proposes a DAB for the 2015 general budget, DAB No. 2/2015, document (b), to transfer into the 2015 budget a proportion of unused 2014 commitments. It would transfer the €16,476 million in commitment appropriations for the various funds under shared management under budget Sub-heading 1b, Heading 2 and Heading 3. The DAB would also increase, by €2.48 million (£1.93 million), the commitment appropriations for the Instrument for Pre-accession Assistance (IPA II) under Heading 4, to preserve the similar treatment between contributions from Heading 4 and Sub-heading 1b to the ERDF European territorial cooperation (ETC) programmes. In accordance with the agreement reached on the 2014 and 2015 budgets, which anticipated some delay in the approval of operational programmes, this DAB does not include any change to payment appropriations. The detail of the DAB is as follows.

Sub-heading 1b (Economic, Social and Territorial Cohesion)

8.16 The Commission proposes to transfer the bulk of the commitments for programmes under Sub-heading 1b not adopted in 2014 to 2015. This is in order to keep the pace of investment for growth and jobs and minimise the differences of treatment with programmes adopted in 2014 and those whose commitment tranche has qualified for the carryover procedure. This would involve transfer of €11,173 million (£8,703 million) in commitment appropriations.

Heading 2 (Sustainable Growth: Natural Resources)

8.17 The Commission proposes a partial transfer of 2014 allocations for EAFRD programmes awaiting adoption into 2015, which would amount to €5,093 million (£3,967 million) in commitment appropriations.

Heading 3 (Security and Citizenship)

8.18 For the AMIF and ISF the Commission proposes a partial transfer of commitment appropriations totalling €210 million (£164 million).

Heading 4 (Global Europe)

8.19 In order to preserve the contributions from Heading 4 to support the participation of (potential) candidate countries in the ERDF-ETC programmes and ensure a similar treatment with the unused 2014 Heading 1b contributions to ERDF-ETC, the Commission proposes to increase the commitment appropriations of ERDF-ETC in 2015 with the amount of the corresponding commitment appropriations that were not used in 2014. As there is no reprogramming foreseen for Heading 4 in Article 19 of the MFF Regulation, the proposed increase of €2.48 million (£1.93 million) in commitment appropriations is not accompanied by an equivalent increase to the annual commitment ceiling for Heading 4. However, this transfer is part of the transfer of unused commitments for programmes under shared management from 2014 to 2015, albeit in this case a programme not within the scope of Article 19.

The Government's view

8.20 In his Explanatory Memorandum of 26 January 2015 the Financial Secretary to the Treasury (Mr David Gauke) comments that:

·  the Government has been clear that it wants to see real budgetary restraint in the EU over the coming years, as well as the longer term, in order to avoid unaffordably high costs to the UK and to UK taxpayers and the MFF deal secured in 2013 delivered a historic real terms cut in EU spending;

·  the present proposal would allow approval of remaining UK programmes;

·  given that the overall ceiling for commitments for the current MFF would remain unchanged, and that payments are unaffected in any way, the Government is minded to support the proposal to activate Article 19 of the MFF Regulation in this instance; and

·  as a directly consequential proposal, allowing for the partial transfer of unused 2014 commitments to 2015, it is also minded to support DAB No. 2/2015.

Previous Committee Reports

None.


 
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