Documents considered by the Committee on 4 February 2015 - European Scrutiny Contents


1 Investment plan for Europe

Committee's assessment Politically important
Committee's decisionNot cleared from scrutiny; for debate in European Committee B
Document details(a) Commission Communication about promoting investment in the EU

(b) Draft Regulation on an EU investment fund

(c) Draft Amending Budget concerning that fund

Legal base(a) —

(b) Articles 172, 173, 175(3) and 182(1) TFEU; co-decision; QMV

(c) Article 314 TFEU; co-decision; QMV

Department

Document numbers

HM Treasury

(a) (36540), 16115/14, COM(14) 903

(b) (36605), 5112/15 + ADD 1, COM(15) 10

(c) (36607), 5317/15, COM(15) 11

Summary and Committee's conclusions

1.1 In November 2014 the Commission published this Communication suggesting a three part plan to promote investment in the EU economy. In January, when we last considered this document, we had from the Government a very brief account of its stance on the matter at the December 2014 European Council and answers to some of the questions we had asked previously (and to one we had not asked). We said that we were disappointed that the Government had rather carelessly failed to address, even cursorily, some of these points. As for the debate recommendation we had foreshadowed previously we said we were postponing consideration of that until we had the draft Regulation on a proposed European Fund for Strategic Investments for scrutiny. But in that connection we asked to have soon an answer to our earlier question as to the Government's assessment of what the Commission's suggestion of fast-tracking that draft Regulation might mean for national parliamentary scrutiny.

1.2 We now have under scrutiny this draft Regulation, which would create the legal framework for the first two strands of the investment plan set out in the Commission's Communication, that is, the European Fund for Strategic Investments and a European Investment Advisory Hub, so enabling the Commission to implement and deliver the investment plan jointly with the European Investment Bank. We also have under scrutiny this Draft Amending Budget for the 2015 EU budget to provide finance for the new bodies this year.

1.3 The Government tells us that it is supportive of both the draft Regulation and the Draft Amending Budget, particularly noting that the draft Regulation would be fully financed within the Multiannual Financial Framework 2014-2020 and the Draft Amending Budget would have a budget neutral impact.

1.4 We think that the time is now right for the debate recommendation we have foreshadowed previously. Accordingly we recommend that the three documents be debated in European Committee B. We suggest that in the debate Members might explore:

·  the likelihood of a leverage ratio of 1:15 from use of the European Fund for Strategic Investments;

·  whether drawdowns from the EU budget for the EU guarantee fund would be a reasonable use of the programmes concerned;

·  whether the European Investment Bank's involvement in the plan poses any risk to its credit standing;

·  what additional risk the plan might pose for the other EU guarantees;

·  what the suggested fast-tracking of the draft Regulation might mean for national parliamentary scrutiny; and

·  what financial consequences there might be for the UK.

Full details of the documents: (a) Commission Communication: An investment plan for Europe: (36540), 16115/14, COM(14) 903; (b) Draft Regulation on the European Fund for Strategic Investments and amending Regulations (EU) No. 1291/2013 and (EU) No. 1316/2013: (36605), 5112/15 + ADD 1, COM(15) 10; (c) Draft Amending Budget No. 1 to the General Budget 2015 accompanying the draft Regulation on the European Fund for Strategic Investments and amending Regulations (EU) No. 1291/2013 and (EU) No. 1316/2013: (36607), 5317/15, COM(15) 11.

Background

1.5 In November 2014 the Commission published this Communication, document (a), suggesting a plan to promote investment in the EU economy. The plan would have three strands:

·  a European Fund for Strategic Investments (EFSI), to mobilise €315 billion (£245 billion) for investment;

·  a pipeline of investment projects and investment advisory hub ( to be known as the European Investment Advisory Hub or EIAH); and

·  a wider package of reforms to improve the investment climate, including action to remove barriers in the single market and improve regulation.

1.6 When in December 2014 we first considered this document we had before us the Government's relatively positive, albeit nuanced, initial comments about the plan. We noted that we might well want to recommend that Members be given an opportunity to debate this proposed plan. However, we said that we would not decide on that until we had an account from the Government of the outcome of the forthcoming European Council discussion of the Commission's ideas. In addition to that account, we asked to have also the Government's assessment of a number points.

1.7 In January we had from the Government a very brief account of the Government's stance at the December 2014 European Council and answers to some of the questions we had asked (and to one we had not asked). We said that, although we recognised that some points could not be fully clarified until the Commission brought forward its implementing proposals, we were disappointed that the Government had rather carelessly failed to address, even cursorily, some of the points we had raised previously.

1.8 As for the debate recommendation we had foreshadowed previously we said we were postponing consideration of that until we had the draft Regulation on the proposed EFSI for scrutiny. But in that connection we asked to have soon an answer to our earlier question as to the Government's assessment of what the Commission's suggestion of fast-tracking that draft Regulation might mean for national parliamentary scrutiny.

1.9 Meanwhile the Communication remained under scrutiny.

The new documents

1.10 This draft Regulation, document (b), would create the legal framework for the first two strands of the investment plan set out in the Commission's Communication, that is, the EFSI and the EIAH, so enabling the Commission to implement and deliver the plan jointly with the European Investment Bank (EIB). (As for the third strand, a wider package of reforms to improve the investment climate, the Commission has published a set of actions in its 2015 Work Programme.[1])

1.11 The draft Regulation would establish the EFSI, supported by an EU guarantee fund, providing a maximum EU guarantee of €16 billion (£12.5 billion) for EIB financing and investment operations to support the development of infrastructure and investment in the EU as well as for small and medium size enterprises. The intention is that the appropriations required by this proposal would be fully financed within the Multiannual Financial Framework 2014-2020. The draft Regulation would require the Commission to conclude an agreement with the EIB on the establishment of the EFSI. Amongst the matters the EFSI Agreement would contain are:

·  provisions governing the establishment of the EFSI, within the EIB, as a distinct, clearly identifiable and transparent guarantee facility and separate account managed by the EIB;

·  the amount and terms of the financial contribution which would be provided by the EIB through the EFSI;

·  the terms of the funding which would be provided by the EIB through the EFSI to the European Investment Fund;[2] and

·  the governance arrangements concerning the EFSI.

1.12 The Commission proposes that:

·  in order to mitigate any potential impact on the EU budget, the EU guarantee fund would, in the first instance, meet the obligations of the guarantee in an event of default;

·  the EU guarantee fund would reach an adequate level which, based on experience of the nature of these investments, is determined to be 50% (the target amount) of the EU's maximum guarantee obligation;

·  from 2016 onwards, payments from the EU budget would gradually build up the endowment of the EU guarantee fund to reach the initial target amount of €8 billion (£6.2 billion) — the EIB would also contribute €5 billion (£3.9 billion) to the fund;

·  the EU guarantee fund should reach the initial €8 billion target amount by 2020 with payments of €500 million (£389 million) in 2016, €1 billion (£779 million) in 2017, €2 billion (£1.6 billion) in 2018 and €2.25 billion (£1.8 billion) in both 2019 and 2020;

·  of the €8 billion in payments, €6 billion (£4.7 billion) would be reallocated within Sub-Heading 1a of the EU Budget (in particular €3.3 billion (£2.6 billion) from the Connecting Europe Facility[3] and €2.7 billion (£2.1 billion) from Horizon 2020[4]);

·  a further €2 billion (£1.6 billion) would be funded by making use of the Unallocated Margin including the Global Margin for Commitments;

·  in order to reallocate the budget within Sub-Heading 1A, limited amendments to Regulation (EU) Nos. 1316/2013, establishing the Connecting Europe Facility, and 1291/2013, establishing Horizon 2020;

·  the EU guarantee fund would, were defaults to occur, cover the associated costs in the first instance;

·  the overall maximum EU guarantee would be reduced by the value of the default and the EU budget would then be required to return the EU guarantee fund to the target amount (50% of the maximum EU guarantee);

·  should the EU budget be required to replenish the EU guarantee fund to the target amount, the relevant amount would be paid in annual tranches during a maximum period of three years starting on year n+1;

·  the EU guarantee fund would be directly managed by the Commission; and

·  where the EU guarantee fund was holding a surplus above the target amount, this amount could be held in the fund or returned to the EU general budget.

1.13 The Commission's draft Regulation would establish a governance structure for the EFSI as follows:

·  a Steering Board to determine the strategic orientation, the strategic asset allocation and the operating policies and procedures, including the investment policy of projects that EFSI could support and the risk profile of the EFSI;

·  members of the Steering Board to be appointed by the contributors to the EFSI — in the first instance the only contributors would be the EU and the EIB;

·  the number of members and votes within the Steering Board to be allocated on the basis of the respective size of contributions, either in cash or guarantees;

·  where Member States, or other parties, wished to contribute to the EFSI the number of members and votes within the Steering Board to be reallocated based on the new respective size of contributions;

·  the Steering Board to strive for consensus, but with, where necessary, the Board taking a decision by simple majority; and

·  no decision of the Steering Board to be adopted if the Commission or the EIB were to vote against it.

1.14 The draft Regulation would establish an Investment Committee, consisting of six independent market experts and a Managing Director, responsible for examining potential operations and approving the support for operations. It would require projects to be selected on their own merits, without any sectorial or geographic pre-established allocation, so as to maximise the value added of the EFSI.

1.15 The draft Regulation would provide for:

·  establishing, by building on existing EIB and Commission advisory services, an EIAH to provide advisory support for investment project identification, preparation and development;

·  the EIAH to act as a single technical advisory hub (including on legal issues) for project financing within the EU, including project structuring, use of innovative financial instruments and use of public-private partnerships; and

·  the EIAH to be primarily funded from existing envelopes for EIB technical assistance under existing EU programmes, with, if necessary, additional funding of up to €20 million (£15.58 million) annually.

1.16 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. Draft Amending Budget No.1 for the 2015 EU budget (DAB 1/2015), document (c), which accompanies the draft Regulation and the budgetary impact of which is neutral, would:

·  create the budgetary structure for provisioning of the EFSI and possible calls on the EU guarantee;

·  budget appropriations for provision of advisory support for investment project identification;

·  make necessary changes to the budget nomenclature; and

·  make corresponding expenditure reallocation for the year 2015, totalling €1.36 billion (£1.05 billion) in commitment appropriations and €10 million (£7.7 million) in payment appropriations, which would be required by the establishment of the EFSI.

1.17 A more detailed summary of the individual adjustments made by DAB 1/2015 is as follows:

Proposed changes to the budget nomenclature

·  DAB 1/2015 would create three new budget articles to accommodate the budgetary implications of the establishment of the EFSI — two articles which would mirror the existing structure of the guarantee fund for external actions and a third article to include the EU contribution to the financing of the EIAH;

·  the DAB therefore proposes inclusion of the following new lines in the budget nomenclature: Guarantee for the European Fund for Strategic Investments (EFSI), Provisioning of the EFSI Guarantee Fund and European Investment Advisory Hub (EIAH);

Reallocation of commitment appropriations for provisioning the guarantee fund in 2015

·  the DAB would reallocate €1.35 billion (£1.05 billion) in commitment appropriations, required to provision the EU guarantee fund in 2015, to the new budget article 'Provisioning of the Guarantee Fund';

·  this reallocation would be sourced from the Connecting Europe Facility, for €790 million (£615.3 million), Horizon 2020, for €54.5 million (£42.5 million) and the Joint Undertaking for the International Thermonuclear Experimental Reactor (ITER) and the Development of Fusion Energy, for €490 million (£381.7 million);

·  the proposed reallocations from the Connecting Europe Facility and Horizon 2020 take into account proposals prepared under these programmes so that activities already planned for 2015 would not be undermined;

·  with regard to the reallocation proposed from the Joint Undertaking for ITER and the Development of Fusion Energy, delayed commitment appropriation needs and the postponed signature of contracts, makes this possible;

·  the Commission intends the ITER reduction in 2015 be offset by an equivalent increase in the ITER financial programming over the period 2018-2020, with an equivalent reduction of Horizon 2020 commitment appropriations for the period 2018-2020;

Funding the EIAH

·  the DAB would budget €10 million (£7.7 million) in both commitment and payment appropriations on the new budget article for the EIAH;

·  these amounts would be offset through a corresponding reduction of the ITER budget in commitments and payments; and

·  they would be given back to ITER through an equivalent reduction of Horizon 2020 appropriations for the period 2018-2020.

The Government's view

1.18 In his Explanatory Memorandum of 28 January 2015 on the draft Regulation the Financial Secretary to the Treasury (Mr David Gauke) says that the Government welcomes the focus in the Commission Communication on reforms to raise growth prospects across the EU and the emphasis on increasing private sector investment. He comments, in relation to the three pillars of the investment plan, that, in particular, the Government welcomes specific steps on structural reforms to complete the single market and improve the investment climate which are essential for the EU's competitiveness and prosperity.

1.19 The Minister tells us that:

·  the Government, alongside all other Member States, has participated in the preparatory work of the EIB/Commission-led Investment Taskforce to identify an indicative pipeline of investment projects;

·  as part of this process it proposed an indicative pipeline of up to £60 billion of investment in 2015-17 that could potentially be eligible for support based on clear robust criteria that the Government would aim to see used at the EU level; and

·  the Government considers that a rigorous project selection process is needed for the EU pipeline, focused on project viability and value for money.

1.20 In relation to the draft Regulation, the Minister comments further that:

·  the Government supports the establishment of both the EFSI and EIAH;

·  it welcomes the Commission statement that the "appropriations required by this proposal are to be fully financed within the Multiannual Financial Framework 2014-2020", which is an important principle;

·  the Commission assesses that while grant financing from the Connecting Europe Facility and Horizon 2020 would be reduced, the multiplier effect generated by the EFSI would allow for a significant overall increase of investment in the policy areas covered by those two existing programmes;

·  the Commission says that once the target amount is reached the EU guarantee fund and its profits would cover the costs of default; and

·  a further €8 billion (£6.2 billion) remains as callable and would be met, in the first instance, from within the EU budget.

1.21 The Minister tells us that the Government is consulting the British Business Bank and the Green Investment Bank.

1.22 The Minister also tells us that:

·  the Government is represented at the Council's 'Ad-Hoc Working Party on EFSI' that is currently examining this proposal further; and

·  the Commission has set out its expectation that the Council and the European Parliament should agree on the text by June so that the EFSI could be operational by mid-2015.

1.23 In his second Explanatory Memorandum of 28 January 2015, on the DAB, the Minister repeats his paragraphs in support of the draft Regulation, the comments about the Government's welcome for the DAB having a budget neutral impact and that the draft Regulation being fully financed within the Multiannual Financial Framework 2014-2020 is particularly relevant to the DAB itself.

1.24 The Minister also says that:

·  based on the adopted 2015 EU budget, the UK's post-abatement financing share of EU expenditure will be approximately 11.8%;

·  it is not possible to calculate the exact amounts yet, as the amount will depend on actual budgetary outturns;

·  the Council's Budget Committee first discussed this DAB on 20 January; and

·  negotiation of the DAB is expected to be taken forward in parallel with the draft Regulation.

Previous Committee Reports

Twenty-seventh Report HC 219-xxvi (2014-15), chapter 7 (17 December 2014) and Thirtieth Report HC 219-xxix (2014-15), chapter 5 (21 January 2015).





1   (36589), 5080/15 + ADDs 1-4: Thirty-first Report HC 219-xxx (2014-15), chapter 1 (28 January 2015). Back

2   See http://www.eif.org/. Back

3   See http://eur-lex.europa.eu/legal-content/EN/LSU/?uri=CELEX:32013R1316. Back

4   See http://ec.europa.eu/programmes/horizon2020/en/what-horizon-2020. Back


 
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Prepared 13 February 2015